Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 8

             (1)  In this section:

"Australia" includes such of the external Territories as are prescribed for the purposes of this section.

"natural resources" means the mineral and other non-living resources of the seabed and its subsoil.

             (2)  A reference in this Act to an off‑shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that:

                     (a)  is fixed to the seabed and is not able to move or be moved as an entity from one place to another; and

                     (b)  is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                              (i)  the continental shelf of Australia;

                             (ii)  the seabed of the Australian coastal sea; and

                            (iii)  the subsoil of that seabed.

             (3)  A reference in this Act to an off‑shore industry mobile unit shall be read as a reference to:

                     (a)  a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                              (i)  the continental shelf of Australia;

                             (ii)  the seabed of the Australian coastal sea; and

                            (iii)  the subsoil of that seabed;

                            by drilling the seabed or its sub‑soil, or by obtaining substantial quantities of material from the seabed or its sub‑soil, with equipment that is on or forms part of the vessel;

                     (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 used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                                        (A)  the continental shelf of Australia;

                                        (B)  the seabed of the Australian coastal sea; and

                                        (C)  the subsoil of that seabed;

                                   by drilling the seabed or its sub‑soil, or by obtaining substantial quantities of material from the seabed or its sub‑soil, with equipment that is on or forms part of the structure; or

                     (c)  a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off‑shore industry fixed structures.

             (4)  A reference in this Act to an off‑shore industry vessel shall be read as a reference to:

                     (a)  a ship (not being an off‑shore industry mobile unit) that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                              (i)  the continental shelf of Australia;

                             (ii)  the seabed of the Australian coastal sea; and

                            (iii)  the subsoil of that seabed; or

                     (b)  any other ship (not being an off‑shore industry mobile unit, or a ship, or a ship included in a class of ships, declared by the Minister, by instrument in writing, to be a ship or a class of ships, as the case requires, to which this paragraph does not apply) at any time when it is being so used.

             (5)  A vessel or other structure that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (3)(a) or subparagraph (3)(b)(iii) shall not be taken not to be an off‑shore industry mobile unit by reason only that the vessel or other structure is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

             (6)  A barge or like vessel that is used or intended for use in connection with the construction, maintenance or repair of off‑shore industry fixed structures shall not be taken not to be an off‑shore industry mobile unit by reason only that the vessel is also used or intended for use in connection with the construction, maintenance or repair of other structures.

             (7)  A ship that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (4)(a) shall not be taken not to be an off‑shore industry vessel by reason only that the ship is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.