Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhat is a Commonwealth area ?
(1) Each of the following, and any part of it, is a Commonwealth area :
(a) land owned by the Commonwealth or a Commonwealth agency and airspace over the land;
(b) an area of land held under lease by the Commonwealth or a Commonwealth agency and airspace over the land;
(c) land in:
(i) an external Territory; or
(ii) the Jervis Bay Territory;
and airspace over the land;
(d) the coastal sea of Australia or an external Territory;
(e) the continental shelf, and the waters and airspace over the continental shelf;
(f) the waters of the exclusive economic zone, the seabed under those waters and the airspace above those waters;
(g) any other area of land, sea or seabed that is included in a Commonwealth reserve.
Territory Land in ACT is not a Commonwealth area
(2) Despite paragraph (1)(a), an area of land that is Territory Land, within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 is not a Commonwealth area merely because of that paragraph, unless it is held under lease by the Commonwealth or a Commonwealth agency.
Freehold land in Christmas Island Territory is not a Commonwealth area
(2A) Despite subparagraph (1)(c)(i), an area of land in the Territory of Christmas Island is not a Commonwealth area merely because of that subparagraph if a person holds a freehold interest in the land.
Coastal waters of States and NT are not Commonwealth areas
(3) Despite paragraphs (1)(d), (e) and (f), none of the following areas (or parts of them) are Commonwealth areas :
(a) the seabed vested in a State under section 4 of the Coastal Waters (State Title) Act 1980 ; and
(b) the seabed vested in the Northern Territory under section 4 of the Coastal Waters (Northern Territory Title) Act 1980 ; and
(c) the subsoil under the seabed described in paragraph (a) or (b); and
(d) any water and airspace over seabed described in paragraph (a) or (b).