Contents
- Part I Preliminary
- Part II Administration
- Part III Regulation of fishing
- Part IV Licences, endorsements and entries
- Part V Protected Zone Joint Authority
- Part VI Enforcement
- Part VII Miscellaneous
- Schedule 1 Torres Strait Treaty
- Schedule 2 Provisions relating to detention of suspected illegal foreign fishers
Contents
2,709 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- Part I · Preliminary
- Part II · Administration
- Part III · Regulation of fishing
- Part IV · Licences, endorsements and entries
- 17 Licences may be required for taking fish in the course of community fishing
- 18 Licences, endorsements, renewals, transfers and entries
- 19 Commercial fishing and fish receivers licences
- 20 Endorsements of licences
- 21 Entries in licences and endorsements
- 22 Conditions of licences and endorsements
- 23 Terms of licences
- 24 Renewal of licences
- 25 Transfer of licences
- 25A Variation of licences
- 26 Suspension and cancellation of licences
- 27 Fees
- 27A Exercise of powers by agent etc.
- Part V · Protected Zone Joint Authority
- 28 Interpretation
- 29 Acting Ministers
- 30 Establishment of Protected Zone Joint Authority
- 31 Arrangements with Queensland
- 32 Procedure for making and termination of arrangements
- 33 Exclusion of this Act in accordance with arrangement
- 34 Functions of Joint Authority under this Act
- 35 Powers of Protected Zone Joint Authority
- 36 Powers of Protected Zone Joint Authority with respect to licences etc.
- 37 Application of provisions relating to offences
- 38 Delegation
- 39 Protected Zone Joint Authority to seek views of traditional inhabitants
- 40 Procedure of Protected Zone Joint Authority
- 41 Annual reports
- Part VI · Enforcement
- Division 1 Officers’ powers
- Division 1A Search warrants
- Division 2 Offences
- Division 3 Forfeiture for offences
- Division 4 Dealing with property that has been seized etc.
- Division 5 Ancillary offences and provisions
- Division 6 Offence of contravening Papua New Guinea law
- Division 7 Provisions relating to detention of suspected illegal foreign fishers
- Division 8 Alternative enforcement processes
- Part VII · Miscellaneous
- 55 Certain offences to be indictable offences
- 55A Enforcement of orders for payment
- 56 Certain prosecutions to require consent of Minister
- 56A Taking etc. of fish not an offence in certain circumstances
- 57 Evidence
- 58 Evidence in proceedings for an offence against section 54
- 59 Service of notices
- 60 Regulations
- Schedule 1 · Torres Strait Treaty
- Section 3
- AUSTRALIA and PAPUA NEW GUINEA,
- DESIRING to set down their agreed position as to their respective sovereignty over certain islands, to establish maritime boundaries and to provide for certain
- RECOGNISING the importance of protecting the traditional way of life and livelihood of Australians who are Torres Strait Islanders and of Papua New Guineans who
- RECOGNISING ALSO the importance of protecting the marine environment and ensuring freedom of navigation and overflight for each other’s vessels and aircraft in
- DESIRING ALSO to cooperate with one another in that area in the conservation, management and sharing of fisheries resources and in regulating the exploration an
- AS good neighbours and in a spirit of cooperation, friendship and goodwill;
- HAVE AGREED as follows:
- PART 1
- DEFINITIONS
- ARTICLE 1
- Definitions
- 1. In this Treaty—
- (a) “adjacent coastal area” means, in relation to Australia, the coastal area of the Australian mainland, and the Australian islands, near the Protected Zone; a
- (b) “fisheries jurisdiction” means sovereign rights for the purpose of exploring and exploiting, conserving and managing fisheries resources other than sedentar
- (c) “fisheries resources” means all living natural resources of the sea and seabed, including all swimming and sedentary species;
- (d) “free movement” means movement by the traditional inhabitants for or in the course of traditional activities;
- (e) “indigenous fauna and flora” includes migratory fauna;
- (f) “mile” means an international nautical mile being 1,852 metres in length;
- (g) “Protected Zone” means the zone established under Article 10;
- (h) “Protected Zone commercial fisheries” means the fisheries resources of present or potential commercial significance within the Protected Zone and, where a s
- (i) “seabed jurisdiction” means sovereign rights over the continental shelf in accordance with international law, and includes jurisdiction over low-tide elevat
- (j) “sedentary species” means living organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in const
- (k) “traditional activities” means activities performed by the traditional inhabitants in accordance with local tradition, and includes, when so performed—
- (i) activities on land, including gardening, collection of food and hunting;
- (ii) activities on water, including traditional fishing;
- (iii) religious and secular ceremonies or gatherings for social purposes, for example, marriage celebrations and settlement of disputes; and
- (iv) barter and market trade.
- In the application of this definition, except in relation to activities of a commercial nature, “traditional” shall be interpreted liberally and in the light of
- (l) “traditional fishing” means the taking, by traditional inhabitants for their own or their dependants’ consumption or for use in the course of other traditio
- (m) “traditional inhabitants” means, in relation to Australia, persons who—
- (i) are Torres Strait Islanders who live in the Protected Zone or the adjacent coastal area of Australia,
- (ii) are citizens of Australia, and
- (iii) maintain traditional customary associations with areas or features in or in the vicinity of the Protected Zone in relation to their subsistence or livelih
- in relation to Papua New Guinea, persons who—
- (i) live in the Protected Zone or the adjacent coastal area of Papua New Guinea,
- (ii) are citizens of Papua New Guinea, and
- (iii) maintain traditional customary associations with areas or features in or in the vicinity of the Protected Zone in relation to their subsistence or livelih
- 2. Where for the purposes of this Treaty it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be
- 3. In this Treaty, the expression “in and in the vicinity of the Protected Zone” describes an area the outer limits of which might vary according to the context
- PART 2
- SOVEREIGNTY AND JURISDICTION
- ARTICLE 2
- Sovereignty Over Islands
- 1. Papua New Guinea recognises the sovereignty of Australia over—
- (a) the islands known as Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Isle
- (b) all islands that lie between the mainlands of the two countries and south of the line referred to in paragraph 1 of Article 4 of this Treaty.
- 2. No island over which Australia has sovereignty, other than those specified in sub-paragraph 1 (a) of this Article, lies north of the line referred to in para
- 3. Australia recognises the sovereignty of Papua New Guinea over—
- (a) the islands known as Kawa Island, Mata Kawa Island and Kussa Island; and
- (b) all the other islands that lie between the mainlands of the two countries and north of the line referred to in paragraph 1 of Article 4 of this Treaty, othe
- 4. In this Treaty, sovereignty over an island shall include sovereignty over—
- (a) its territorial sea;
- (b) the airspace above the island and its territorial sea;
- (c) the seabed beneath its territorial sea and the subsoil thereof; and
- (d) any island, rock or low-tide elevation that may lie within its territorial sea.
- ARTICLE 3
- Territorial Seas
- 1. The territorial sea boundaries between the islands of Aubusi, Boigu and Moimi and Papua New Guinea and the islands of Dauan, Kaumag and Saibai and Papua New
- 2. The territorial seas of the islands specified in sub-paragraph 1 (a) of Article 2 of this Treaty shall not extend beyond three miles from the baselines from
- 3. The provisions of paragraph 2 of this Article shall not apply to that part of the territorial sea of Pearce Cay which lies south of the line referred to in p
- 4. The outer limits of the territorial seas of the islands specified in sub-paragraph 1 (a) of Article 2 of this Treaty, except in respect of that part of the t
- 5. Australia shall not extend its territorial sea northwards across the line referred to in paragraph 1 of Article 4 of this Treaty.
- 6. Papua New Guinea shall not—
- (a) extend its territorial sea off its southern coastline between the meridians of Longitude 142 03 30 East and of Longitude 142 51 00 East, beyond three
- (b) extend its territorial sea or archipelagic waters into the area bounded by that portion of the line referred to in paragraph 2 of Article 4 of this Treaty r
- (c) establish an archipelagic baseline running in or through the area referred to in sub-paragraph (b) of this paragraph; or
- (d) extend its territorial sea southwards across the line referred to in paragraph 1 of Article 4 of this Treaty.
- ARTICLE 4
- Maritime Jurisdiction
- 1. Subject to the provisions of Article 2 of this Treaty, the boundary between the area of seabed and subsoil that is adjacent to and appertains to Australia an
- 2. Subject to the provisions of Article 2 of this Treaty, the boundary between the area of sea that is adjacent to and appertains to Australia and the area of s
- 3. In relation to the area bounded by the portion of the line referred to in paragraph 2 of this Article running from the point of Latitude 9 45 24 South, Lo
- (a) neither party shall exercise residual jurisdiction without the concurrence of the other Party; and
- (b) the Parties shall consult with a view to reaching agreement on the most effective method of application of measures involving the exercise of residual juris
- 4. In paragraph 3 of this Article, “residual jurisdiction” means—
- (a) jurisdiction over the area other than seabed jurisdiction or fisheries jurisdiction, including jurisdiction other than seabed jurisdiction or fisheries juri
- (i) the preservation of the marine environment;
- (ii) marine scientific research; and
- (iii) the production of energy from the water, currents and winds; and
- (b) seabed and fisheries jurisdiction to the extent that the exercise of such jurisdiction is not directly related to the exploration or exploitation of resourc
- PART 3
- SOVEREIGNTY AND JURISDICTION—RELATED MATTERS
- ARTICLE 5
- Existing Petroleum Permit
- 1. Where prior to 16 September 1975 Australia has granted an exploration permit for petroleum under Australian law in respect of a part of the seabed over which
- 2. An application for a licence under paragraph 1 of this Article shall be made—
- (a) in respect of a part of the seabed lying outside the Protected Zone, within six months after the date of entry into force of this Treaty;
- (b) in respect of a part of the seabed lying within the Protected Zone, during the period referred to in Article 15 and any extension of that period to which th
- ARTICLE 6
- Exploitation of Certain Seabed Deposits
- If any single accumulation of liquid hydrocarbons or natural gas, or if any other mineral deposit beneath the seabed, extends across any line defining the limit
- ARTICLE 7
- Freedoms of Navigation and Overflight
- 1. On and over the waters of the Protected Zone that lie—
- (a) north of the line referred to in paragraph 1 of Article 4 of this Treaty and seaward of the low water lines of the land territory of either Party, and
- (b) south of that line and beyond the outer limits of the territorial sea;
- each Party shall accord to the vessels and aircraft of the other Party, subject to paragraphs 2 and 3 of this Article, the freedoms of navigation and overflight
- 2. Each Party shall take all necessary measures to ensure that, in the exercise of the freedoms of navigation and overflight accorded to its vessels and aircraf
- (a) those vessels observe generally accepted international regulations, procedures and practices for safety at sea and for the prevention, reduction and control
- (b) those civil aircraft observe the Rules of the Air established by the International Civil Aviation Organization as they apply to civil aircraft, and State ai
- (c) those vessels and aircraft north of the line referred to in paragraph 1 of Article 4 of this Treaty do not engage in the embarking or disembarking of any co
- (d) those vessels and aircraft, north of the line referred to in paragraph 1 of Article 4 of this Treaty, do not act in a manner prejudicial to the peace, good
- 3. Vessels of a Party engaged in the exploration or exploitation of resources in an area of jurisdiction of the other Party shall remain subject to the laws and
- 4. In those areas of the Protected Zone north of the line referred to in paragraph 1 of Article 4 of this Treaty to which paragraph 1 of this Article does not a
- 5. In areas of the Protected Zone to which paragraph 1 of this Article does not apply, the vessels of a Party shall enjoy the right of innocent passage. There s
- 6. In cases where the provisions of neither paragraph 1 nor paragraph 5 of this Article apply, a regime of passage over routes used for international navigation
- 7. The rights of navigation and overflight provided for in this Article are in addition to, and not in derogation of, rights of navigation and overflight in the
- ARTICLE 8
- Navigational Aids
- With a view to maintaining and improving the safety of navigation through the waters in the area between the two countries, the Parties shall co-operate and, wi
- ARTICLE 9
- Wrecks
- 1. Wrecks of vessels and aircraft which lie on, in or under the seabed in an area of seabed jurisdiction of a Party shall be subject to the jurisdiction of that
- 2. If a wreck of historical or special significance to a Party is located or found in an area between the two countries under the jurisdiction of the other Part
- 3. The provisions of this Article shall be without prejudice to the competence of the courts of a Party, for the purposes of the laws of that Party, in relation
- 4. This Article shall not apply to any military vessel or aircraft of either Party wrecked after the date of entry into force of this Treaty.
- PART 4
- THE PROTECTED ZONE
- ARTICLE 10
- Establishment and Purposes of the Protected Zone
- 1. A Protected Zone in the Torres Strait is hereby established comprising all the land, sea, airspace, seabed and subsoil within the area bounded by the line de
- 2. The Parties shall adopt and apply measures in relation to the Protected Zone in accordance with the provisions of this Treaty.
- 3. The principal purpose of the Parties in establishing the Protected Zone, and in determining its northern, southern, eastern and western boundaries, is to ack
- 4. A further purpose of the Parties in establishing the Protected Zone is to protect and preserve the marine environment and indigenous fauna and flora in and i
- ARTICLE 11
- Free Movement and Traditional Activities Including Traditional Fishing
- 1. Subject to the other provisions of this Treaty, each Party shall continue to permit free movement and the performance of lawful traditional activities in and
- 2. Paragraph 1 of this Article shall not be interpreted as sanctioning the expansion of traditional fishing by the traditional inhabitants of one Party into are
- 3. The provisions of this Article and the other provisions of this Treaty concerning traditional fishing are subject to Article 14 and paragraph 2 of Article 20
- ARTICLE 12
- Traditional Customary Rights
- Where the traditional inhabitants of one Party enjoy traditional customary rights of access to and usage of areas of land, seabed, seas, estuaries and coastal t
- ARTICLE 13
- Protection of the Marine Environment
- 1. Each Party shall take legislative and other measures necessary to protect and preserve the marine environment in and in the vicinity of the Protected Zone. I
- 2. The measures that each Party shall take in accordance with paragraph 1 of this Article shall include measures for the prevention and control of pollution or
- (a) the release of toxic, harmful or noxious substances from land-based sources, from rivers, from or through the atmosphere, or by dumping at sea;
- (b) pollution or other damage from vessels; and
- (c) pollution or other damage from installations and devices used in the exploration and exploitation of the natural resources of the seabed and subsoil thereof
- 3. The measures taken by each Party in accordance with paragraph 1 of this Article shall be consistent with its obligations under international law, including o
- 4. The Parties shall consult, at the request of either, for the purpose of—
- (a) harmonising their policies with respect to the measures that each shall take pursuant to this Article; and
- (b) ensuring the effective and coordinated implementation of those measures.
- 5. If either Party has reasonable grounds for believing that any planned activity under its jurisdiction or control may cause pollution or other damage to the m
- 6. If either Party has reasonable grounds for believing that any existing or planned activity under the jurisdiction or control of the other Party is causing or
- ARTICLE 14
- Protection of Fauna and Flora
- 1. Each Party shall, in and in the vicinity of the Protected Zone, use its best endeavours to—
- (a) identify and protect species of indigenous fauna and flora that are or may become threatened with extinction;
- (b) prevent the introduction of species of fauna and flora that may be harmful to indigenous fauna and flora; and
- (c) control noxious species of fauna and flora.
- 2. Notwithstanding any other provision of this Treaty except paragraph 4 of this Article, a Party may implement within its area of jurisdiction measures to prot
- 3. The Parties shall as appropriate and necessary exchange information concerning species of indigenous fauna and flora that are or may become threatened with e
- (a) harmonising their policies with respect to the measures that each may take to give effect to paragraphs 1 and 2 of this Article; and
- (b) ensuring the effective and coordinated implementation of those measures.
- 4. In giving effect to the provisions of this Article, each Party shall use its best endeavours to minimise any restrictive effects on the traditional activitie
- ARTICLE 15
- Prohibition of Mining and Drilling of the Seabed
- Neither Party shall undertake or permit within the Protected Zone mining or drilling of the seabed or the subsoil thereof for the purpose of exploration for or
- ARTICLE 16
- Immigration, Customs, Quarantine and Health
- 1. Except as otherwise provided in this Treaty, each Party shall apply immigration, customs, quarantine and health procedures in such a way as not to prevent or
- 2. Each Party, in administering its laws and policies relating to the entry and departure of persons and the importation and exportation of goods into and from
- 3. Notwithstanding the provisions of paragraph 1 of this Article—
- (a) traditional inhabitants of one Party who wish to enter the other country, except for temporary stay for the performance of traditional activities, shall be
- (b) each Party reserves its right to limit free movement to the extent necessary to control abuses involving illegal entry or evasion of justice; and
- (c) each Party reserves its right to apply such immigration, customs, health and quarantine measures, temporary or otherwise, as it considers necessary to meet
- ARTICLE 17
- Implementation and Coordination
- In order to facilitate the implementation of the provisions of this Treaty relating to the Protected Zone, the authorities of each Party shall, at the request o
- (a) make available to the authorities of the other Party information on the relevant provisions of its laws, regulations and procedures relating to immigration,
- (b) consult with the authorities of the other Party with a view to making appropriate administrative or other arrangements to resolve any problems arising in th
- ARTICLE 18
- Liaison Arrangements
- 1. Each Party shall designate a representative who shall facilitate the implementation at the local level of the provisions of this Treaty.
- 2. The two designated representatives shall—
- (a) exchange information on relevant developments in and in the vicinity of the Protected Zone;
- (b) consult together and take such action as is appropriate to their respective functions to facilitate the practical operation at the local level of the provis
- (c) keep under review free movement by the traditional inhabitants of one Party into areas under the jurisdiction of the other Party and the local arrangements
- (d) draw to the attention of their Governments, and make recommendations as appropriate on, any matters affecting the implementation of the provisions of this T
- 3. In the exercise of his functions, each representative shall—
- (a) consult closely with representatives of the traditional inhabitants of his country, particularly in relation to any problems which may arise in respect of f
- (b) maintain close liaison with national, State, Provincial and local authorities of his country on all matters falling within their respective responsibilities
- 4. Unless a different location is required by the circumstances, the representative of Australia shall be based at Thursday Island and the representative of Pap
- ARTICLE 19
- Torres Strait Joint Advisory Council
- 1. The Parties shall jointly establish and maintain an advisory and consultative body which shall be known as the Torres Strait Joint Advisory Council (called i
- 2. The functions of the Advisory Council shall be—
- (a) to seek solutions to problems arising at the local level and not resolved pursuant to Article 18 of this Treaty;
- (b) to consider and to make recommendations to the Parties on any developments or proposals which might affect the protection of the traditional way of life and
- (c) to review from time to time as necessary, and to report and to make recommendations to the Parties on, any matters relevant to the effective implementation
- 3. The Advisory Council shall not have or assume responsibilities for management or administration. These responsibilities shall, within the respective areas of
- 4. In the exercise of its functions, the Advisory Council shall ensure that the traditional inhabitants are consulted, that they are given full and timely oppor
- 5. The Advisory Council shall transmit its reports and recommendations to the Foreign Ministers of the Parties. After consideration by appropriate authorities o
- 6. Unless otherwise agreed by the Parties, the Advisory Council shall consist of eighteen members, that is nine members from each Party who shall include—
- (a) at least two national representatives;
- (b) at least one member representing the Government of Queensland in the case of Australia and one representing the Fly River Provincial Government in the case
- (c) at least three members representing the traditional inhabitants,
- with each Party being free to decide from time to time from which of the aforementioned categories any other of its members will be drawn.
- 7. The Advisory Council shall meet when necessary at the request of either Party. Consecutive meetings of the Advisory Council shall be chaired alternately by a
- PART 5
- PROTECTED ZONE COMMERCIAL FISHERIES
- ARTICLE 20
- Priority of Traditional Fishing and Application of Measures to Traditional Fishing
- 1. The provisions of this Part shall be administered so as not to prejudice the achievement of the purposes of Part 4 of this Treaty in regard to traditional fi
- 2. A Party may adopt a conservation measure consistent with the provision of this Part which, if necessary for the conservation of a species, may be applied to
- ARTICLE 21
- Conservation, Management and Optimum Utilisation
- The Parties shall co-operate in the conservation management and optimum utilisation of Protected Zone commercial fisheries. To this end, the Parties shall consu
- ARTICLE 22
- Conservation and Management of Individual Fisheries
- 1. The Parties shall, where appropriate, negotiate subsidiary conservation and management arrangements in respect of any individual Protected Zone commercial fi
- 2. If either Party notifies the other in writing that it regards one of the Protected Zone commercial fisheries as one to which common conservation and manageme
- 3. The Parties shall, where appropriate, also negotiate supplementary conservation and management arrangements in respect of resources directly related to a fis
- ARTICLE 23
- Sharing of the Catch of the Protected Zone Commercial Fisheries
- 1. The Parties shall share the allowable catch of the Protected Zone commercial fisheries in accordance with the provisions of this Article and of Articles 24 a
- 2. The allowable catch, that is to say the optimum sustainable yield, of a Protected Zone commercial fishery shall be determined jointly by the Parties as part
- 3. If either Party has reasonable grounds for believing that the commercial exploitation of a species of Protected Zone commercial fisheries would, or has the p
- 4. In respect of any relevant period where the full allowable catch of a particular Protected Zone commercial fishery might be taken, each Party shall be entitl
- (a) in areas under Australian jurisdiction, except as provided in (b) below:
- Australia—75%
- Papua New Guinea—25%
- (b) within the territorial seas of Anchor Cay, Black Rocks, Bramble Cay, Deliverance Island, East Cay, Kerr Islet, Pearce Cay and Turu Cay:
- Australia—50%
- Papua New Guinea—50%
- (c) in areas under Papua New Guinea jurisdiction:
- Australia—25%
- Papua New Guinea—75%
- 5. Papua New Guinea shall have the sole entitlement to the allowable catch of the commercial barramundi fishery near the Papua New Guinea coast, except within t
- 6. In apportioning the allowable catch in relation to an individual fishery, the Parties shall normally consider the allowable catch expressed in terms of weigh
- 7. The Parties may agree to vary the apportionment of the allowable catch determined for individual fisheries as part of the subsidiary conservation and managem
- 8. In calculating the total allowable catch of the Protected Zone commercial fisheries, the allowable catch of the commercial barramundi fishery referred to in
- ARTICLE 24
- Transitional Entitlement
- 1. As part of the subsidiary conservation and management arrangements referred to in paragraph 1 of Article 22 of this Treaty, the level of the catch of each Pr
- (a) shall not, during the period of five years immediately after the entry into force of this Treaty, be reduced below the level of catch of that Party before t
- (b) may, during the second period of five years after the entry into force of this Treaty, be adjusted progressively so that at the end of that second five-year
- 2. The entitlement of a Party under this Article shall, where the limitation of the allowable catch makes it necessary, take priority over the entitlement of th
- ARTICLE 25
- Preferential Entitlement
- If, in any relevant period, a Party does not itself propose to take all the allowable catch of a Protected Zone commercial fishery to which it is entitled, eith
- ARTICLE 26
- Licensing Arrangements
- 1. In the negotiation and implementation of the conservation and management arrangements referred to in paragraph 1 of Article 22 of this Treaty—
- (a) the Parties shall consult and co-operate in the issue and endorsement of licences to permit commercial fishing in Protected Zone commercial fisheries;
- (b) the responsible authorities of the Parties may issue licences to fish in any Protected Zone commercial fishery; and
- (c) persons or vessels which are licensed by the responsible authorities of one Party to fish in any relevant period in a Protected Zone commercial fishery shal
- 2. The persons or vessels licensed by one Party which have been authorised, or are to be authorised, under the provisions of paragraph 1 of this Article to fish
- 3. In issuing licences in accordance with paragraph 1 of this Article, the responsible authorities of both Parties shall have regard to the desirability of prom
- 4. The responsible authorities of both parties shall ensure that the traditional inhabitants are consulted from time to time on the licensing arrangements in re
- ARTICLE 27
- Third State Fishing in Protected Zone Commercial Fisheries
- 1. The responsible authorities of the Parties shall inform one another and shall consult, at the request of either of them, concerning the proposed exploitation
- (a) by a joint venture in which there is third-State equity participation; or
- (b) by a vessel of third-State registration or with a crew substantially of the nationality of a third State.
- 2. Vessels the operations of which are under the control of nationals of a third State shall not be licensed to exploit the Protected Zone commercial fisheries
- ARTICLE 28
- Inspection and Enforcement
- 1. The Parties shall co-operate, including by exchange of personnel, in inspection and enforcement to prevent violations of the Protected Zone commercial fisher
- 2. The Parties shall consult from time to time, as necessary, so as to ensure that legislation and regulations adopted by each Party pursuant to paragraph 1 of
- 3. Each Party shall make it an offence under its fisheries laws or regulations for a person to use a vessel of its nationality to fish in Protected Zone commerc
- (a) without being duly licensed or authorised by that other Party; or
- (b) in the case of a licensed or authorised vessel, in breach of the fisheries laws or regulations of the other Party applying within those areas.
- 4. Each Party will, in relation to species of fisheries resources in areas where it has jurisdiction in respect of those species—
- (a) investigate suspected offences against its fisheries laws and regulations; and
- (b) except as provided in or under this article, take corrective action when necessary against offenders against those laws or regulations.
- 5. In this article, corrective action means the action normally taken in respect of a suspected offence, after due investigation, and includes, where appropriat
- 6. In accordance with the provisions of this Article, and in other appropriate cases as may be agreed between the Parties, corrective action in respect of offen
- 7. The Parties acknowledge that the principle stated in paragraph 6 of this Article should not be applied so as to frustrate the enforcement of fisheries laws o
- 8. Where, in the case of a suspected offence alleged to have been committed in or in the vicinity of the Protected Zone, it appears that the offence was, or mig
- 9. Where paragraph 8 of this Article applies, the authorities of the second Party may require assurance in a particular case that corrective action or other mea
- 10. Where the provisions of paragraph 8 of this Article do not apply, and the person or vessel alleged to have been involved or used in the commission of a susp
- 11. The provisions of paragraph 10 of this Article shall also apply in respect of a suspected offence by a person or vessel of the first Party in an area of jur
- (a) that person or vessel was authorised by the authorities of the second Party to fish in the area where the suspected offence was committed under the arrangem
- (b) the suspected offence was committed in relation to the fishery the subject of that authorisation and did not involve the taking of other species or potentia
- 12. Persons or vessels of the first Party detained by the authorities of the Second Party in the circumstances described in paragraphs 8 and 10 of this Article
- 13. If an alleged offender referred to in paragraph 10 of this Article is, in respect of conduct in waters under the jurisdiction of the second party—
- (a) convicted of an offence against the fisheries laws or regulations of the first Party; or
- (b) found by the authorities of the first Party, on the basis of sufficient available evidence, to have contravened or failed to comply with a condition of his
- the authorities of the first Party shall, where appropriate and having regard to paragraph 7 of this Article, cancel or suspend the licence or authorisation of
- 14. Where a person or vessel involved or used in the commission of the alleged offence referred to in paragraph 10 of this Article is also currently licensed or
- 15. Each Party shall provide the other Party with any evidence obtained during investigations carried out in accordance with this Article into a suspected offen
- 16. In this Article references to persons and vessels of, or of the nationality of, a Party include references to persons or vessels licensed by that Party unde
- PART 6
- FINAL ARTICLES
- ARTICLE 29
- Settlement of Disputes
- Any dispute between the Parties arising out of the interpretation or implementation of this Treaty shall be settled by consultation or negotiation.
- ARTICLE 30
- Consultations
- The Parties shall consult, at the request of either, on any matters relating to this Treaty.
- ARTICLE 31
- Annexes
- The Annexes to this Treaty shall have force and effect as integral parts of this Treaty.
- ARTICLE 32
- Ratification
- This Treaty shall be subject to ratification and shall enter into force on the exchange of the instruments of ratification.
- IN WITNESS WHEREOF the undersigned being duly authorised have signed the present Treaty and have affixed thereto their seals.
- DONE in duplicate at Sydney on this eighteenth day of December, One thousand nine hundred and seventy-eight.
- FOR AUSTRALIA FOR PAPUA NEW GUINEA Signed MALCOLM FRASER Signed MICHAEL SOMARE Prime Minister Prime Minister Signed ANDREW PEACOCK Signed N. EBIA OLEWALE Minist
- ANNEX 1 TO THE TREATY BETWEEN AUSTRALIA AND THE INDEPENDENT STATE OF PAPUA NEW GUINEA CONCERNING SOVEREIGNTY AND MARITIME BOUNDARIES IN THE AREA BETWEEN THE TWO
- TERRITORIAL SEA BOUNDARIES BETWEEN THE ISLANDS OF AUBUSI, BOIGU AND MOIMI AND PAPUA NEW GUINEA AND BETWEEN THE ISLANDS OF DAUAN, KAUMAG AND SAIBAI AND PAPUA NEW
- BETWEEN THE ISLANDS OF AUBUSI, BOIGU AND MOIMI AND PAPUA NEW GUINEA
- A line—
- commencing at the point of Latitude 9° 15´ 43 South, Longitude 142° 03´ 30´´ East (“Point 1”);
- running thence north-easterly along the geodesic to the point of Latitude 9° 12´ 50 South, Longitude 142° 06´ 25 East (“Point 2”);
- thence north-easterly along the geodesic to the point of Latitude 9° 11´ 51 South, Longitude 142° 08´ 33 East (“Point 3”);
- thence south-easterly along the geodesic to the point of Latitude 9° 11´ 58 South, Longitude 142° 10´ 18 East (“Point 4”);
- thence north-easterly along the geodesic to the point of Latitude 9° 11´ 22 South, Longitude 142° 12´ 54 East (“Point 5”);
- thence south-easterly along the geodesic to the point of Latitude 9° 11´ 34 South, Longitude 142° 14´ 08 East (“Point 6”);
- thence south-easterly along the geodesic to the point of Latitude 9° 13´ 53 South, Longitude 142° 16´ 26 East (“Point 7”); and
- thence south-easterly along the geodesic to the point of Latitude 9° 16´ 04 South, Longitude 142° 20´ 41 East (“Point 8”) where it terminates.
- BETWEEN THE ISLANDS OF DAUAN, KAUMAG AND SAIBAI AND PAPUA NEW GUINEA
- A line—
- commencing at the point of Latitude 9° 22´ 04 South, Longitude 142° 29´ 41 East (“Point 9”);
- running thence north-easterly along the geodesic to the point of Latitude 9° 21´ 48 South, Longitude 142° 31´ 29 East (“Point 10”);
- thence south-easterly along the geodesic to the point of Latitude 9° 22´ 33 South, Longitude 142° 33´ 28 East (“Point 11”);
- thence north-easterly along the geodesic to the point of Latitude 9° 21´ 25 South, Longitude 142° 35´ 29 East (“Point 12”);
- thence north-easterly along the geodesic to the point of Latitude 9° 20´ 21 South, Longitude 142° 41´ 43 East (“Point 13”);
- thence north-easterly along the geodesic to the point of Latitude 9° 20´ 16 South, Longitude 142° 43´ 53 East (“Point 14”); and
- thence north-easterly along the geodesic to the point of Latitude 9° 19´ 26 South, Longitude 142° 48´ 18 East (“Point 15”) where it terminates.
- ANNEX 3 TO THE TREATY BETWEEN AUSTRALIA AND THE INDEPENDENT STATE OF PAPUA NEW GUINEA CONCERNING SOVEREIGNTY AND MARITIME BOUNDARIES IN THE AREA BETWEEN THE TWO
- OUTER LIMITS OF TERRITORIAL SEAS
- TERRITORIAL SEA OF THE ISLANDS OF AUBUSI, BOIGU AND MOIMI
- The outer limit of the territorial sea of the islands of Aubusi, Boigu and Moimi shall be a continuous line—
- (a) commencing at the point specified as Point 1 in Annex 1 to this Treaty;
- (b) running thence along the geodesics successively joining the points specified as Points 1 to 8 in Annex 1 to this Treaty; and
- (c) thence along a series of intersecting arcs of circles having a radius of three miles and drawn successively from the following points—
- Latitude (South) Longitude (East) (i) 9° 15´ 53 142° 17´ 39 (ii) 9° 16´ 26 142° 17´ 36 (iii) 9° 16´ 28 142° 17´ 36 (iv) 9° 16´ 31 142° 17´ 30 (v) 9° 17´
- to the point of commencement.
- TERRITORIAL SEA OF THE ISLANDS OF DAUAN, KAUMAG AND SAIBAI
- The outer limit of the territorial sea of the islands of Dauan, Kaumag and Saibai shall be a continuous line—
- (a) commencing at the point specified as Point 9 in Annex 1 to this Treaty;
- (b) running thence along the geodesics successively joining the points specified as Points 9 to 15 in Annex 1 to this Treaty; and
- (c) thence along a series of intersecting arcs of circles having a radius of three miles and drawn successively from the following points—
- Latitude (South) Longitude (East) (i) 9° 22´ 24 142° 47´ 49 (ii) 9° 22´ 28 142° 47´ 53 (iii) 9° 22´ 39 142° 47´ 57 (iv) 9° 22´ 48 142° 48´ 00 (v) 9° 22´
- to the point of commencement.
- TERRITORIAL SEA OF ANCHOR CAY AND EAST CAY
- The outer limit of the territorial sea of Anchor Cay and East Cay shall be a continuous line formed by a series of intersecting arcs of circles having a radius
- Latitude (South) Longitude (East) (i) 9° 21´ 27 144° 07´ 30 (ii) 9° 21´ 25 144° 07´ 28 (iii) 9° 21´ 25 144° 07´ 38 (iv) 9° 21´ 26 144° 07´ 44 (v) 9° 21´
- TERRITORIAL SEA OF BLACK ROCKS AND BRAMBLE CAY
- The outer limit of the territorial sea of Black Rocks and Bramble Cay shall be a continuous line formed by a series of intersecting arcs of circles having a rad
- Latitude (South) Longitude (East) (i) 9° 10´ 28 143° 49´ 59 (ii) 9° 08´ 40 143° 52´ 19 (iii) 9° 08´ 33 143° 52´ 22 (iv) 9° 08´ 26 143° 52´ 32 (v) 9° 08´
- TERRITORIAL SEA OF DELIVERANCE ISLAND AND KERR ISLET
- The outer limit of the territorial sea of Deliverance Island and Kerr Islet shall be a continuous line formed by a series of intersecting arcs of circles having
- Latitude (South) Longitude (East) (i) 9° 32´ 39 141° 32´ 15 (ii) 9° 32´ 35 141° 32´ 11 (iii) 9° 32´ 07 141° 31´ 50 (iv) 9° 32´ 02 141° 31´ 54 (v) 9° 31´
- TERRITORIAL SEA OF PEARCE CAY
- The outer limit of that part of the territorial sea of Pearce Cay which lies north of the line referred to in paragraph 1 of Article 4 of this Treaty shall be a
- (a) commencing at the point of Latitude 9° 33´ 00 South, Longitude 143° 14´ 51 East;
- (b) thence along a series of intersecting arcs of circles having a radius of three miles and drawn successively from the following points—
- Latitude (South) Longitude (East) (i) 9° 30´ 56 143° 17´ 03 (ii) 9° 30´ 53 143° 17´ 03 (iii) 9° 30´ 50 143° 17´ 08 (iv) 9° 30´ 46 143° 17´ 19 (v) 9° 30´
- to the point of Latitude 9° 33´ 00 South, Longitude 143° 19´ 46 East; and
- (c) thence along the parallel of Latitude 9° 33´ 00 South to the point of commencement.
- TERRITORIAL SEA OF TURNAGAIN ISLAND
- The outer limit of the territorial sea of Turnagain Island shall be a continuous line formed by a series of intersecting arcs of circles having a radius of thre
- Latitude (South) Longitude (East) (i) 9° 32´ 54 142° 10´ 47 (ii) 9° 32´ 54 142° 10´ 44 (iii) 9° 32´ 54 142° 10´ 40 (iv) 9° 32´ 52 142° 10´ 36 (v) 9° 32´
- TERRITORIAL SEA OF TURU CAY
- The outer limit of the territorial sea of Turu Cay shall be a continuous line formed by a series of intersecting arcs of circles having a radius of three miles
- Latitude (South) Longitude (East) (i) 9° 49´ 53 141° 24´ 42 (ii) 9° 49´ 39 141° 24´ 44 (iii) 9° 49´ 31 141° 24´ 52 (iv) 9° 49´ 25 141° 25´ 02 (v) 9° 49´
- ANNEX 5 TO THE TREATY BETWEEN AUSTRALIA AND THE INDEPENDENT STATE OF PAPUA NEW GUINEA CONCERNING SOVEREIGNTY AND MARITIME BOUNDARIES IN THE AREA BETWEEN THE TWO
- SEABED JURISDICTION LINE
- A line—
- (a) commencing at the point of Latitude 10° 50´ 00 South, Longitude 139° 12´ 00 East;
- (b) running thence south-easterly along the geodesic to the point of Latitude 11° 09´ 00 South, Longitude 139° 23´ 00 East;
- (c) thence north-easterly along the geodesic to the point of Latitude 10° 59´ 00 South, Longitude 140° 00´ 00 East;
- (d) thence north-easterly along the geodesic to the point of Latitude 9° 46´ 00 South, Longitude 142° 00´ 00 East;
- (e) thence north-easterly along the geodesic to the point of Latitude 9° 45´ 24 South, Longitude 142° 03´ 30 East;
- (f) thence north-easterly along the geodesic to the point of Latitude 9° 42´ 00 South, Longitude 142° 23´ 00 East;
- (g) thence north-easterly along the geodesic to the point of Latitude 9° 40´ 30 South, Longitude 142° 51´ 00 East;
- (h) thence north-easterly along the geodesic to the point of Latitude 9° 40´ 00 South, Longitude 143° 00´ 00 East;
- (i) thence north-easterly along the geodesic to the point of Latitude 9° 33´ 00 South, Longitude 143° 05´ 00 East;
- (j) thence east along the parallel of Latitude 9° 33´ 00 South to its intersection by the meridian of Longitude 143° 20´ 00 East;
- (k) thence north-easterly along the geodesic to the point of Latitude 9° 24´ 00 South, Longitude 143° 30´ 00 East;
- (l) thence north-easterly along the geodesic to the point of Latitude 9° 22´ 00 South, Longitude 143° 48´ 00 East;
- (m) thence south-easterly along the geodesic to the point of Latitude 9° 30´ 00 South, Longitude 144° 15´ 00 East;
- (n) thence south-easterly along the geodesic to the point of Latitude 9° 51´ 00 South, Longitude 144° 44´ 00 East;
- (o) thence south-easterly along the geodesic to the point of Latitude 12° 20´ 00 South, Longitude 146° 30´ 00 East;
- (p) thence south-easterly along the geodesic to the point of Latitude 12° 38´ 30 South, Longitude 147° 08´ 30 East;
- (q) thence south-easterly along the geodesic to the point of Latitude 13° 10´ 30 South, Longitude 148° 05´ 00 East;
- (r) thence south-easterly along the geodesic to the point of Latitude 14° 38´ 00 South, Longitude 152° 07´ 00 East;
- (s) thence south-easterly along the geodesic to the point of Latitude 14° 45´ 00 South, Longitude 154° 15´ 00 East;
- (t) thence north-easterly along the geodesic to the point of Latitude 14° 05´ 00 South, Longitude 156° 37´ 00 East; and
- (u) thence north-easterly along the geodesic to the point of Latitude 14° 04´ 00 South, Longitude 157° 00´ 00 East where it terminates.
- ANNEX 8 TO THE TREATY BETWEEN AUSTRALIA AND THE INDEPENDENT STATE OF PAPUA NEW GUINEA CONCERNING SOVEREIGNTY AND MARITIME BOUNDARIES IN THE AREA BETWEEN THE TWO
- FISHERIES JURISDICTION LINE
- A line—
- (a) commencing at the point of Latitude 10° 50´ 00 South, Longitude 139° 12´ 00 East;
- (b) running thence south-easterly along the geodesic to the point of Latitude 11° 09´ 00 South, Longitude 139° 23´ 00 East;
- (c) thence north-easterly along the geodesic to the point of Latitude 10° 59´ 00 South, Longitude 140° 00´ 00 East;
- (d) thence north-easterly along the geodesic to the point of Latitude 9° 46´ 00 South, Longitude 142° 00´ 00 East;
- (e) thence north-easterly along the geodesic to the point of Latitude 9° 45´ 24 South, Longitude 142° 03´ 30 East;
- (f) thence north along the meridian of Longitude 142° 03´ 30 East to its intersection by the parallel of Latitude 9° 15´ 43 South;
- (g) thence north-easterly along the geodesic to the point of Latitude 9° 12´ 50 South, Longitude 142° 06´ 25 East;
- (h) thence north-easterly along the geodesic to the point of Latitude 9° 11´ 51 South, Longitude 142° 08´ 33 East;
- (i) thence south-easterly along the geodesic to the point of Latitude 9° 11´ 58 South, Longitude 142° 10´ 18 East;
- (j) thence north-easterly along the geodesic to the point of Latitude 9° 11´ 22 South, Longitude 142° 12´ 54 East;
- (k) thence south-easterly along the geodesic to the point of Latitude 9° 11´ 34 South, Longitude 142° 14´ 08 East;
- (l) thence south-easterly along the geodesic to the point of Latitude 9° 13´ 53 South, Longitude 142° 16´ 26 East;
- (m) thence south-easterly along the geodesic to the point of Latitude 9° 16´ 04 South, Longitude 142° 20´ 41 East;
- (n) thence south-easterly along the geodesic to the point of Latitude 9° 22´ 04 South, Longitude 142° 29´ 41 East;
- (o) thence north-easterly along the geodesic to the point of Latitude 9° 21´ 48 South, Longitude 142° 31´ 29 East;
- (p) thence south-easterly along the geodesic to the point of Latitude 9° 22´ 33 South, Longitude 142° 33´ 28 East;
- (q) thence north-easterly along the geodesic to the point of Latitude 9° 21´ 25 South, Longitude 142° 35´ 29 East;
- (r) thence north-easterly along the geodesic to the point of Latitude 9° 20´ 21 South, Longitude 142° 41´ 43 East;
- (s) thence north-easterly along the geodesic to the point of Latitude 9° 20´ 16 South, Longitude 142° 43´ 53 East;
- (t) thence north-easterly along the geodesic to the point of Latitude 9° 19´ 26 South, Longitude 142° 48´ 18 East where it joins the outer limit of the three
- (u) thence along that outer limit so as to pass to the east of Saibai Island to the point of Latitude 9° 23´ 40 South, Longitude 142° 51´ 00 East;
- (v) thence south along the meridian of Longitude 142° 51´ 00 East to its intersection by the parallel of Latitude 9° 40´ 30 South;
- (w) thence north-easterly along the geodesic to the point of Latitude 9° 40´ 00 South, Longitude 143° 00´ 00 East;
- (x) thence north-easterly along the geodesic to the point of Latitude 9° 33´ 00 South, Longitude 143° 05´ 00 East;
- (y) thence east along the parallel of Latitude 9° 33´ 00 South to its intersection by the meridian of Longitude 143° 20´ 00 East;
- (z) thence north-easterly along the geodesic to the point of Latitude 9° 24´ 00 South, Longitude 143° 30´ 00 East;
- (za) thence north-easterly along the geodesic to the point of Latitude 9° 22´ 00 South, Longitude 143° 48´ 00 East;
- (zb) thence south-easterly along the geodesic to the point of Latitude 9° 30´ 00 South, Longitude 144° 15´ 00 East;
- (zc) thence south-easterly along the geodesic to the point of Latitude 9° 51´ 00 South, Longitude 144° 44´ 00 East;
- (zd) thence south-easterly along the geodesic to the point of Latitude 12° 20´ 00 South, Longitude 146° 30´ 00 East;
- (ze) thence south-easterly along the geodesic to the point of Latitude 12° 38´ 30 South, Longitude 147° 08´ 30 East;
- (zf) thence south-easterly along the geodesic to the point of Latitude 13° 10´ 30 South, Longitude 148° 05´ 00 East;
- (zg) thence south-easterly along the geodesic to the point of Latitude 14° 38´ 00 South, Longitude 152° 07´ 00 East;
- (zh) thence south-easterly along the geodesic to the point of Latitude 14° 45´ 00 South, Longitude 154° 15´ 00 East; and
- (zi) thence north-easterly along the geodesic to the point of Latitude 14° 05´ 00 South, Longitude 156° 37´ 00 East where it terminates.
- ANNEX 9 TO THE TREATY BETWEEN AUSTRALIA AND THE INDEPENDENT STATE OF PAPUA NEW GUINEA CONCERNING SOVEREIGNTY AND MARITIME BOUNDARIES IN THE AREA BETWEEN THE TWO
- PROTECTED ZONE
- A line—
- (a) commencing at the point of Latitude 10° 28´ 00 South, Longitude 144° 10´ 00 East;
- (b) running thence west along the parallel of Latitude 10° 28´ 00 South to its intersection by the meridian of Longitude 141° 20´ 00 East;
- (c) thence north along that meridian to its intersection by the parallel of Latitude 9° 33´ 00 South;
- (d) thence north-easterly along the geodesic to the point of Latitude 9° 13´ 00 South, Longitude 141° 57´ 00 East;
- (e) thence north along the meridian of Longitude 141° 57´ 00 East to its intersection by the southern coastline of the island of New Guinea at low water;
- (f) thence generally easterly along the southern coastline of the island of New Guinea, that is along the low water line on that coast and across any river mout
- (g) thence south along that meridian to its intersection by the parallel of Latitude 9° 21´ 00 South;
- (h) thence north-easterly along the geodesic between that point of intersection and the point of Latitude 9° 09´ 00 South, Longitude 143° 47´ 20 East;
- (i) thence along the outer limit of the three-mile territorial sea of Black Rocks, so as to pass to the north-west of Black Rocks, to the point of intersection
- (j) thence along that outer limit, so as to pass successively to the north and east of Bramble Cay, to the point of Latitude 9° 10´ 50 South, Longitude 143° 55
- (k) thence south-easterly along the geodesic to the point of Latitude 9° 18´ 40 South, Longitude 144° 06´ 10 East;
- (l) thence along the outer limit of the three-mile territorial sea of Anchor Cay, so as to pass to the north of Anchor Cay, to the point of intersection of that
- (m) thence along that outer limit, so as to pass successively to the north and east of East Cay, to the point of Latitude 9° 26´ 50 South, Longitude 144° 16´ 5
- (n) thence south-easterly along the geodesic to the point of Latitude 9° 35´ 15 South, Longitude 144° 28´ 00 East;
- (o) thence south along the meridian of Longitude 144° 28´ 00 East to its intersection by the parallel of Latitude 9° 54´ 00 South;
- (p) thence south-westerly along the geodesic to the point of Latitude 10° 15´ 00 South, Longitude 144° 12´ 00 East; and
- (q) thence south-westerly along the geodesic to the point of commencement.
- Schedule 2 · Provisions relating to detention of suspected illegal foreign fishers
- Note: See section 54A.
- Part 1 Preliminary
- Part 2 Detaining suspected illegal foreign fishers
- Part 3 Searching and screening detainees and screening their visitors
- Part 4 Detainees’ rights to facilities for obtaining legal advice etc.
- Part 5 Identifying detainees
- Part 6 Disclosure of detainees’ personal information
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.