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.
"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.
"approved form" means a form approved by the Minister in writing.
"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.
"contravention" , in relation to a permit, includes contravention of a condition of the permit.
"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.
"environment related work" , in relation to a sea installation, means work in relation to installing, constructing, extending or altering the installation and includes:
(a) work involved in repairing or maintaining the installation; or
(b) work relating to disassembling the installation or to detaching or removing it from its location.
"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.
(a) an historic shipwreck, or an historic relic, within the meaning of the Historic Shipwrecks Act 1976 ; or
(b) any other wreck within the meaning of section 294 of the Navigation Act 1912 to which the provisions of Part VII of that Act apply or would apply but for the operation of section 295B of that Act.
"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.
"exemption certificate" means a certificate given under section 40.
"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.
"inspector" means a person appointed under section 60 to be an inspector for the purposes of this Act.
"installation levy" means the levy under the Levy 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.
"Levy Act" means the Sea Installations Levy Act 1987 .
"licence" includes a permit (other than a permit granted under section 17), 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.
"modify" includes add to, omit from and substitute.
"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.
"permit" means a permit to operate a sea installation granted under section 17 and, in relation to a sea installation, means the permit to operate the installation.
"permitted sea installation" means a sea installation in relation to which a permit is in force.
"petroleum" has the same meaning as in the Petroleum Act.
"Petroleum Act" means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .
(a) in relation to the Commonwealth--the Minister or a person nominated by the Minister to represent the Commonwealth for the purposes of this Act;
(b) in relation to a State--a person nominated by the Premier of the State to represent the State for the purposes of this Act;
(c) in relation to the Northern Territory--a person nominated by the Chief Minister of the Territory to represent the Territory for the purposes of this Act; or
(d) in relation to Norfolk Island--a person nominated by the Norfolk Island Legislative Assembly to represent Norfolk Island for the purposes of this Act.
"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.
(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;
(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 within the meaning of Part IV of the Navigation Act 1912 ;
(e) an excluded dumping vessel;
(f) an excluded fishing installation;
(g) an excluded pearling vessel;
(h) an excluded wreck;
(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;
(k) a resources industry fixed structure;
(m) a resources industry mobile unit;
(n) a structure relating to the defence of Australia;
(p) a submarine cable installation;
(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;
(r) a prescribed structure or a structure in a class of prescribed structures.
"ship" means a vessel designed for use in navigation by water.
"special condition" means a condition under section 24.
"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.
(a) the mooring of ships or aircraft; or
(b) the landing of aircraft.
"unauthorised installation" means:
(a) a sea installation kept installed in an adjacent area otherwise than in accordance with a permit or an exemption certificate; or
(b) an abandoned sea installation the whole or part of which is in an adjacent area;
but does not include an installation to which section 78 applies unless and until an offence under that section has been committed in relation to the installation.
(a) in relation to a permit--vary the special conditions of the permit; and
(b) in relation to the special conditions of a permit:
(i) make the permit subject to a special condition; and
(ii) remove a special condition of the permit.
"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.
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