Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 5

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 citizens; and

                     (b)  persons who:

                              (i)  are not Australian citizens; and

                             (ii)  hold permanent visas under the Migration Act 1958 ; and

                            (iii)  are domiciled in Australia or an external Territory; and

                     (c)  corporations incorporated in Australia or an external Territory; 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 .

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 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.