Commonwealth Numbered Acts

SEAS AND SUBMERGED LANDS ACT 1973 No. 161, 1973 - SCHEDULE 2

SCHEDULE 2 Preamble

CONVENTION ON THE CONTINENTAL SHELF

The States Parties to this Convention
Have agreed as follows:

ARTICLE 1

For the purpose of these articles, the term ''continental shelf'' is used as
referring (a) to the seabed and subsoil of the submarine areas adjacent to the
coast but outside the area of the territorial sea, to a depth of 200 metres
or, beyond that limit, to where the depth of the superjacent waters admits of
the exploitation of the natural resources of the said areas; (b) to the seabed
and subsoil of similar submarine areas adjacent to the coasts of islands.

ARTICLE 2

1. The coastal State exercises over the continental shelf sovereign rights for
the purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 of this article are exclusive in the
sense that if the coastal State does not explore the continental shelf or
exploit its natural resources, no one may undertake these activities, or make
a claim to the continental shelf, without the express consent of the coastal
State.

3. The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in these articles consist of the mineral
and other non-living resources of the seabed and subsoil together with living
organisms belonging to sedentary species that is to say, organisms which, at
the harvestable stage, either are immobile on or under the seabed or are
unable to move except in constant physical contact with the seabed or the
subsoil.

ARTICLE 3

The rights of the coastal State over the continental shelf do not affect the
legal status of the superjacent waters as high seas, or that of the airspace
above those waters.

ARTICLE 4

Subject to its right to take reasonable measures for the exploration of the
continental shelf and the exploitation of its natural resources, the coastal
State may not impede the laying or maintenance of submarine cables or pipe
lines on the continental shelf.

ARTICLE 5

1. The exploration of the continental shelf and the exploitation of its
natural resources must not result in any unjustifiable interference with
navigation, fishing or the conservation of the living resources of the sea,
nor result in any interference with fundamental oceanographic or other
scientific research carried out with the intention of open publication.

2. Subject to the provisions of paragraphs 1 and 6 of this article, the
coastal State is entitled to construct and maintain or operate on the
continental shelf installations and other devices necessary for its
exploration and the exploitation of its natural resources, and to establish
safety zones around such installations and devices and to take in those zones
measures necessary for their protection.

3. The safety zones referred to in paragraph 2 of this article may extend to a
distance of 500 metres around the installations and other devices which have
been erected, measured from each point of their outer edge. Ships of all
nationalities must respect these safety zones.

4. Such installations and devices, though under the jurisdiction of the
coastal State, do not possess the status of islands. They have no territorial
sea of their own, and their presence does not affect the delimitation of the
territorial sea of the coastal State.

5. Due notice must be given of the construction of any such installations, and
permanent means for giving warning of their presence must be maintained. Any
installations which are abandoned or disused must be entirely removed.

6. Neither the installations or devices, nor the safety zones around them, may
be established where interference may be caused to the use of recognized sea
lanes essential to international navigation.

7. The coastal State is obliged to undertake, in the safety zones, all
appropriate measures for the protection of the living resources of the sea
from harmful agents.

8. The consent of the coastal State shall be obtained in respect of any
research concerning the continental shelf and undertaken there. Nevertheless,
the coastal State shall not normally withhold its consent if the request is
submitted by a qualified institution with a view to purely scientific research
into the physical or biological characteristics of the continental shelf,
subject to the proviso that the coastal State shall have the right, if it so
desires, to participate or to be represented in the research, and that in any
event the results shall be published.

ARTICLE 6

1. Where the same continental shelf is adjacent to the territories of two or
more States whose coasts are opposite each other, the boundary of the
continental shelf appertaining to such States shall be determined by agreement
between them. In the absence of agreement, and unless another boundary line is
justified by special circumstances, the boundary is the median line, every
point of which is equidistant from the nearest points of the baselines from
which the breadth of the territorial sea of each State is measured.

2. Where the same continental shelf is adjacent to the territories of two
adjacent States, the boundary of the continental shelf shall be determined by
agreement between them. In the absence of agreement, and unless another
boundary line is justified by special circumstances, the boundary shall be
determined by application of the principle of equidistance from the nearest
points of the baselines from which the breadth of the territorial sea of each
State is measured.

3. In delimiting the boundaries of the continental shelf, any lines which are
drawn in accordance with the principles set out in paragraphs 1 and 2 of this
article should be defined with reference to charts and geographical features
as they exist at a particular date, and reference should be made to fixed
permanent identifiable points on the land.

ARTICLE 7

The provisions of these articles shall not prejudice the right of the coastal
State to exploit the subsoil by means of tunnelling irrespective of the depth
of water above the subsoil.

ARTICLE 8

This Convention shall, until 31 October 1958, be open for signature by all
States Members of the United Nations or of any of the specialized agencies,
and by any other State invited by the General Assembly of the United Nations
to become a Party to the Convention.

ARTICLE 9

This Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.

ARTICLE 10

This Convention shall be open for accession by any States belonging to any of
the categories mentioned in article 8. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.

ARTICLE 11

1. This Convention shall come into force on the thirtieth day following the
date of deposit of the twenty-second instrument of ratification or accession
with the Secretary-General of the United Nations.

2. For each State ratifying or acceding to the Convention after the deposit of
the twenty-second instrument of ratification or accession, the Convention
shall enter into force on the thirtieth day after deposit by such State of its
instrument of ratification or accession.

ARTICLE 12

1. At the time of signature, ratification or accession, any State may make
reservations to articles of the Convention other than to articles 1 to 3
inclusive.

2. Any Contracting State making a reservation in accordance with the preceding
paragraph may at any time withdraw the reservation by a communication to that
effect addressed to the Secretary-General of the United Nations.

ARTICLE 13

1. After the expiration of a period of five years from the date on which this
Convention shall enter into force, a request for the revision of this
Convention may be made at any time by any Contracting Party by means of a
notification in writing addressed to the Secretary-General of the United
Nations.

2. The General Assembly of the United Nations shall decide upon the steps, if
any, to be taken in respect of such request.

ARTICLE 14

The Secretary-General of the United Nations shall inform all States Members of
the United Nations and the other States referred to in article 8:

   (a)  Of signatures to this Convention and of the deposit of instruments of
        ratification or accession, in accordance with articles 8, 9 and 10;

   (b)  Of the date on which this Convention will come into force, in
        accordance with article 11;

   (c)  Of requests for revision in accordance with article 13;

   (d)  Of reservations to this Convention, in accordance with article 12.

ARTICLE 15

The original of this Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies
thereof to all States referred to in article 8.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed this Convention.

DONE at Geneva, this twenty-ninth day of April one thousand nine hundred and
fifty-eight.

(Here follow the signatures of the plenipotentiaries, including the
plenipotentiary of Australia.)
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