Commonwealth Numbered Acts

SEA INSTALLATIONS (MISCELLANEOUS AMENDMENTS) ACT 1987 No. 104, 1987 - SECT 4

4. Section 4 of the Principal Act is amended:
(a) by inserting before the definition of "Aircraft" in subsection (1) the
following definition:

" 'Adjacent area' means an adjacent area in respect of a State, of the
Northern Territory or of the Territory of the Ashmore and Cartier Islands, as
determined in accordance with section 5 of the Sea Installations Act;";

   (b)  by omitting from subsection (1) the definition of "Australian
        installation" and substituting the following definition:

" 'Australian resources installation' means a resources installation that is
deemed to be part of Australia because of the operation of section 5C;";

   (c)  by omitting from subsection (1) the definition of "Australian waters"
        and substituting the following definitions:

" 'Australian sea installation' means a sea installation that is deemed to be
part of Australia because of the operation of section 5C;
'Australian waters' means:

   (a)  in relation to a resources installation-waters above the Australian
        seabed; and

   (b)  in relation to a sea installation-waters comprising all of the
        adjacent areas and the coastal area;
'Brought into physical contact' has the same meaning as in the Sea 
Installations Act ;";

   (d)  by inserting after the definition of "Carriage" in subsection (1) the
        following definition:

" 'Coastal area' means the area comprising the waters of:

   (a)  the territorial sea of Australia; and

   (b)  the sea on the landward side of the territorial sea of Australia and
        not within the limits of a State or an internal Territory;";
(e) by omitting "installation" from the definition of "Country" in subsection
(1) and substituting "resources installation or an Australian sea
installation";

   (f)  by inserting after the definition of "Duty" in subsection (1) the
        following definitions:

" 'Environment related activity' has the same meaning as in the Sea 
Installations Act ;
'External place' means:

   (a)  a Territory other than an internal Territory; or

   (b)  a foreign country;";

   (g)  by omitting from subsection (1) the definition of "Installation" and
        substituting the following definition:

" 'Installation' means:

   (a)  a resources installation; or

   (b)  a sea installation;";

   (h)  by omitting from subsection (1) the definition of "Overseas
        installation" and substituting the following definitions:

" 'Overseas resources installation' means an off-shore installation that:

   (a)  is in Australian waters; and

   (b)  has been brought into Australian waters from a place outside the outer
        limits of Australian waters;
but does not include an Australian resources installation;
'Overseas sea installation' means a sea installation that:

   (a)  is in an adjacent area or a coastal area; and

   (b)  has been brought into the adjacent area or coastal area, as the case
        may be, from a place outside the outer limits of Australian waters;
but does not include an Australian sea installation;";

   (j)  by inserting after the definition of "Package" in subsection (1) the
        following definition:

" 'Permit', in relation to a sea installation, has the same meaning as in the
Sea Installations Act;";

   (k)  by inserting after the definition of "Protected object" in subsection
        (1) the following definition:

" 'Resources installation' means:

   (a)  a resources industry fixed structure within the meaning of subsection
        (5); or

   (b)  a resources industry mobile unit within the meaning of subsection
        (6);";

   (m)  by inserting before the definition of "Ship" in subsection (1) the
        following definitions:

" 'Sea installation' has the same meaning as in the Sea Installations  Act ;
' Sea Installations Act' means the Sea Installations Act 1987;";

   (n)  by omitting from subsections (5), (6) and (7) "an off-shore" and
        substituting "a resources";

   (p)  by omitting from subsection (8) "an installation" (wherever occurring)
        and substituting "a resources installation";

   (q)  by omitting from subsection (9) "An installation" and substituting "A
        resources installation";
(r) by inserting in subparagraph (9) (b) (i) "resources" after "another"; and

   (s)  by adding at the end the following subsections:

"(10) For the purposes of this Act, the space above or below a coastal area
shall be deemed to be in that area.

"(11) Subject to subsection (13), for the purposes of this Act, a sea
installation shall be taken to be installed in an adjacent area if:

   (a)  the installation is in, or is brought into, physical contact with a
        part of the seabed in the adjacent area; or

   (b)  the installation is in, or is brought into, physical contact with
        another sea installation that is to be taken to be installed in the
        adjacent area because of paragraph (a).

"(12) For the purposes of this Act, a sea installation shall be taken to be
installed in an adjacent area at a particular time if the whole or part of the
installation:

   (a)  is in that adjacent area at that time; and

   (b)  has been in a particular locality:

        (i)    that is circular and has a radius of 20 nautical miles; and

        (ii)   the whole or part of which is in that adjacent area;
for:

        (iii)  a continuous period, of at least 30 days, that immediately
               precedes that time; or

        (iv)   one or more periods, during the 60 days that immediately
               precede that time, that in sum amount to at least 40 days.

"(13) Where a sea installation, being a ship or an aircraft:

   (a)  is brought into physical contact with a part of the seabed in an
        adjacent area; or

   (b)  is in, or is brought into, physical contact with another sea
        installation that is to be taken to be installed in an adjacent area;
        for less than:

   (c)  in the case of a ship, or an aircraft, registered under the law of a
        foreign country-30 days; or

   (d)  in any other case-5 days;
it shall not be taken to be installed in that adjacent area under subsection
(11).

"(14) A sea installation shall not be taken to be installed in an adjacent
area for the purposes of this Act unless it is to be taken to be so installed
under this section.

"(15) Subject to subsection (17), for the purposes of this Act, a sea
installation shall be taken to be installed in a coastal area if:

   (a)  the installation is in, or is brought into, physical contact with a
        part of the seabed in the coastal area; or

   (b)  the installation is in, or is brought into, physical contact with
        another sea installation that is to be taken to be installed in the
        coastal area because of paragraph (a).

"(16) For the purposes of this Act, a sea installation (other than an
installation installed in an adjacent area) shall be taken to be installed in
a coastal area at a particular time if the whole or part of the installation:

   (a)  is in that coastal area at that time; and

   (b)  has been in a particular locality:

        (i)    that is circular and has a radius of 20 nautical miles; and

        (ii)   the whole or part of which is in that coastal area;
for:

        (iii)  a continuous period, of at least 30 days, that immediately
               precedes that time; or

        (iv)   one or more periods, during the 60 days that immediately
               precede that time, that in sum amount to at least 40 days.

"(17) Where a sea installation, being a ship or an aircraft:

   (a)  is brought into physical contact with a part of the seabed in a
        coastal area; or

   (b)  is in, or is brought into, physical contact with another sea
        installation that is to be taken to be installed in a coastal area;
for less than:

   (c)  in the case of a ship, or an aircraft, registered under the law of a
        foreign country-30 days; or

   (d)  in any other case-5 days;
it shall not be taken to be installed in that adjacent area under subsection
(15).

"(18) A sea installation shall not be taken to be installed in a coastal area
for the purposes of this Act unless it is to be taken to be so installed under
this section.".