Commonwealth Consolidated Acts

COASTAL WATERS (STATE POWERS) ACT 1980 - SECT 5

                   The legislative powers exercisable from time to time under the constitution of each State extend to the making of:

                     (a)  all such laws of the State as could be made by virtue of those powers if the coastal waters of the State, as extending from time to time, were within the limits of the State, including laws applying in or in relation to the sea‑bed and subsoil beneath, and the airspace above, the coastal waters of the State;

                     (b)  laws of the State having effect in or in relation to waters within the adjacent area in respect of the State but beyond the outer limits of the coastal waters of the State, including laws applying in or in relation to the sea‑bed and subsoil beneath, and the airspace above, the first‑mentioned waters, being laws with respect to:

                              (i)  subterranean mining from land within the limits of the State; or

                             (ii)  ports, harbours and other shipping facilities, including installations, and dredging and other works, relating thereto, and other coastal works; and

                     (c)  laws of the State with respect to fisheries in Australian waters beyond the outer limits of the coastal waters of the State, being laws applying to or in relation to those fisheries only to the extent to which those fisheries are, under an arrangement to which the Commonwealth and the State are parties, to be managed in accordance with the laws of the State.