Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
Note: This Act applies as described in section 11A in relation to the Greater Sunrise special regime area as if that area were part of the adjacent area in respect of the Northern 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.
"Australian aircraft" means:
(a) an aircraft that is owned, possessed or controlled by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; or
(b) an aircraft that is registered in Australia.
"Australian national" means:
(a) an Australian citizen; or
(b) a corporation incorporated in Australia or an external Territory.
"Australian permanent resident" means a person who:
(a) is not an Australian citizen; and
(b) holds a permanent visa under the Migration Act 1958 ; and
(c) is domiciled in Australia or an external Territory.
"Australian vessel" means:
(a) a vessel that is owned, possessed or controlled by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; or
(b) a vessel that is registered in Australia; or
(c) a vessel that is flying the Australian flag.
"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 wreckage" means:
(a) remains or articles covered by subsection 16(1) of the Underwater Cultural Heritage Act 2018 ; or
(b) remains or articles covered by a declaration made under subsection 17(1), 18(1) or 19(1) of that Act; or
(c) 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.
"Greater Sunrise special regime area" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"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.
"national" of a foreign country means:
(a) a citizen of the country; or
(b) a corporation incorporated in the country.
"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; or
(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; or
(e) an excluded dumping vessel; or
(f) an excluded fishing installation; or
(g) an excluded pearling vessel; or
(h) excluded wreckage; or
(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; or
(k) a resources industry fixed structure; or
(m) a resources industry mobile unit; or
(n) a structure relating to the defence of Australia; or
(p) a submarine cable installation; or
(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; or
(qb) offshore renewable energy infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021 ) that is in the Commonwealth offshore area (within the meaning of that Act); or
(qc) offshore electricity transmission infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021 ) that is in the Commonwealth offshore area (within the meaning of that Act); or
(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.