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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 5

Application of Act

Extension to external Territories

             (1)  This Act extends to each external Territory.

Limited extraterritorial application

             (2)  This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention appears.

Application limited to Australians outside exclusive economic zone

             (3)  A provision of this Act that has effect in relation to a place that is outside the outer limits of the exclusive economic zone and is not on or in the continental shelf applies only in relation to:

                     (a)  Australian nationals; and

                     (b)  Australian permanent residents; and

                     (d)  the Commonwealth; and

                     (e)  Commonwealth agencies; and

                      (f)  Australian aircraft; and

                     (g)  Australian vessels; and

                     (h)  members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels).

Application to everyone in Australia and exclusive economic zone

             (4)  A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone (whether the place is in the zone or in Australia or an external Territory) or that is on or in the continental shelf applies in relation to:

                     (a)  all persons (including persons who are not Australian citizens); and

                     (b)  all aircraft (including aircraft that are not Australian aircraft); and

                     (c)  all vessels (including vessels that are not Australian vessels).

Note:          A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901 .

Application in Greater Sunrise special regime area

          (4A)  Despite subsections (2) and (4), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area applies only in relation to:

                     (a)  Australian nationals who are not nationals or permanent residents of Timor-Leste; and

                     (b)  Australian permanent residents who are not nationals or permanent residents of Timor-Leste; and

                     (c)  the Commonwealth; and

                     (d)  Commonwealth agencies; and

                     (e)  the States; and

                      (f)  the self-governing Territories; and

                     (g)  agencies of the States or self-governing Territories; and

                     (h)  Australian aircraft; and

                      (i)  Australian vessels; and

                      (j)  members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels); and

                     (k)  persons, aircraft or vessels declared under subsection (4B) to be subject to the provision.

          (4B)  The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor-Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area:

                     (a)  nationals of a foreign country who are not nationals or permanent residents of Timor-Leste;

                     (b)  aircraft with the nationality of a foreign country other than Timor-Leste;

                     (c)  vessels with the nationality of a foreign country other than Timor-Leste;

                     (d)  members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c).

          (4C)  Despite subsections (2), (4) and (4A), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area does not apply in relation to an act, omission, matter or thing that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor-Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.

Note:          The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

          (4D)  Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.

Note:          Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.

Definitions

             (5)  In this Act:

"Australian aircraft" means:

                     (a)  an aircraft that is owned, possessed or controlled by:

                              (i)  the Commonwealth or a Commonwealth agency; or

                             (ii)  a State, a self-governing Territory or an agency of a State or self-governing Territory; or

                     (b)  an aircraft that is registered in Australia.

"Australian jurisdiction" means the land, waters, seabed and airspace in, under or above:

                     (a)  Australia; or

                     (b)  an external Territory; or

                     (c)  the exclusive economic zone; or

                     (d)  the continental shelf.

Note:          A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901 .

"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 or a Commonwealth agency; or

                             (ii)  a State, a self-governing Territory or an agency of a State or self-governing Territory; or

                     (b)  a vessel that is registered in Australia; or

                     (c)  a vessel that is flying the Australian flag.

"Greater Sunrise special regime area" has the same meaning as in the Seas and Submerged Lands Act 1973 .

"national" of a foreign country means:

                     (a)  a citizen of the country; or

                     (b)  a corporation incorporated in the country.



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