Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SCHEDULE

SCHEDULE
SOUTH PACIFIC NUCLEAR FREE ZONE TREATY The Parties to this Treaty
United in their commitment to a world at peace;
Gravely concerned that the continuing nuclear arms race presents the risk of
nuclear war which would have devastating consequences for all people;
Convinced that all countries have an obligation to make every effort to
achieve the goal of eliminating nuclear weapons, the terror which they hold
for humankind and the threat which they pose to life on earth;
Believing that regional arms control measures can contribute to global efforts
to reverse the nuclear arms race and promote the national security of each
country in the region and the common security of all;
Determined to ensure, so far as lies within their power, that the bounty and
beauty of the land and sea in their region shall remain the heritage of their
peoples and their descendants in perpetuity to be enjoyed by all in peace;
Reaffirming the importance of the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT) in preventing the proliferation of nuclear weapons and in
contributing to world security;
Noting, in particular, that Article VII of the NPT recognises the right of any
group of States to conclude regional treaties in order to assure the total
absence of nuclear weapons in their respective territories;
Noting that the prohibitions of emplantation and emplacement of nuclear
weapons on the seabed and the ocean floor and in the subsoil thereof contained
in the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and
Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the
Subsoil Thereof apply in the South Pacific;
Noting also that the prohibition of testing of nuclear weapons in the
atmosphere or under water, including territorial waters or high seas,
contained in the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in
Outer Space and Under Water applies in the South Pacific;
Determined to keep the region free of environmental pollution by radioactive
wastes and other radioactive matter;
Guided by the decision of the Fifteenth South Pacific Forum at Tuvalu that a
nuclear free zone should be established in the region at the earliest possible
opportunity in accordance with the principles set out in the communique of
that meeting;
Agreed as follows:
ARTICLE 1
USAGE OF TERMS
For the purposes of this Treaty and its Protocols:

   (a)  "South Pacific Nuclear Free Zone" means the areas described in Annex 1
        as illustrated by the map attached to that Annex;

   (b)  "territory" means internal waters, territorial sea and archipelagic
        waters, the seabed and subsoil beneath, the land territory and the
        airspace above them;

   (c)  "nuclear explosive device" means any nuclear weapon or other explosive
        device capable of releasing nuclear energy, irrespective of the
        purpose for which it could be used. The term includes such a weapon or
        device in unassembled and partly assembled forms, but does not include
        the means of transport or delivery of such a weapon or device if
        separable from and not an indivisible part of it;

   (d)  "stationing" means emplantation, emplacement, transportation on land
        or inland waters, stockpiling, storage, installation and deployment.
ARTICLE 2
APPLICATION OF THE TREATY
1. Except where otherwise specified, this Treaty and its Protocols shall apply
to territory within the South Pacific Nuclear Free Zone.
2. Nothing in this Treaty shall prejudice or in any way affect the rights, or
the exercise of the rights, of any State under international law with regard
to freedom of the seas.
ARTICLE 3
RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES
Each Party undertakes:

   (a)  not to manufacture or otherwise acquire, possess or have control over
        any nuclear explosive device by any means anywhere inside or outside
        the South Pacific Nuclear Free Zone;

   (b)  not to seek or receive any assistance in the manufacture or
        acquisition of any nuclear explosive device;

   (c)  not to take any action to assist or encourage the manufacture or
        acquisition of any nuclear explosive device by any State.
ARTICLE 4
PEACEFUL NUCLEAR ACTIVITIES
Each Party undertakes:

   (a)  not to provide source or special fissionable material, or equipment or
        material especially designed or prepared for the processing, use or
        production of special fissionable material for peaceful purposes to:

        (i)    any non-nuclear-weapon State unless subject to the safeguards
               required by Article III.1 of the NPT, or

        (ii)   any nuclear-weapon State unless subject to applicable
               safeguards agreements with the International Atomic Energy
               Agency (IAEA). Any such provision shall be in accordance with
               strict non-proliferation measures to provide assurance of
               exclusively peaceful non-explosive use;

   (b)  to support the continued effectiveness of the international
        non-proliferation system based on the NPT and the IAEA safeguards
        system.
ARTICLE 5
PREVENTION OF STATIONING OF NUCLEAR EXPLOSIVE DEVICES
1. Each Party undertakes to prevent in its territory the stationing of any
nuclear explosive device.
2. Each Party in the exercise of its sovereign rights remains free to decide
for itself whether to allow visits by foreign ships and aircraft to its ports
and airfields , transit of its airspace by foreign aircraft, and navigation by
foreign ships in its territorial sea or archipelagic waters in a manner not
covered by the rights of innocent passage, archipelagic sea lane passage or
transit passage of straits.
ARTICLE 6
PREVENTION OF TESTING OF NUCLEAR EXPLOSIVE DEVICES
Each Party undertakes:

   (a)  to prevent in its territory the testing of any
        nuclear explosive device;

   (b)  not to take any action to assist or encourage the testing of any
        nuclear explosive device by any State.
ARTICLE 7
PREVENTION OF DUMPING
1. Each Party undertakes:

   (a)  not to dump radioactive wastes and other radioactive matter at sea
        anywhere within the South Pacific Nuclear Free Zone;

   (b)  to prevent the dumping of radioactive wastes and other radioactive
        matter by anyone in its territorial sea;

   (c)  not to take any action to assist or encourage the dumping by anyone of
        radioactive wastes and other radioactive matter at sea anywhere within
        the South Pacific Nuclear Free Zone;

   (d)  to support the conclusion as soon as possible of the proposed
        Convention relating to the protection of the natural resources and
        environment of the South Pacific region and its Protocol for the
        prevention of pollution of the South Pacific region by dumping, with
        the aim of precluding dumping at sea of radioactive wastes and other
        radioactive matter by anyone anywhere in the region.
2. Paragraphs 1 (a) and 1 (b) of this Article shall not apply to areas of the
South Pacific Nuclear Free Zone in respect of which such a Convention and
Protocol have entered into force.
ARTICLE 8
CONTROL SYSTEM
1. The Parties hereby establish a control system for the purpose of verifying
compliance with their obligations under this Treaty.
2. The control system shall comprise:

   (a)  reports and exchange of information as provided for in Article 9;

   (b)  consultations as provided for in Article 10 and Annex 4 (1);

   (c)  the application to peaceful nuclear activities of safeguards by the
        IAEA as provided for in Annex 2;

   (d)  a complaints procedure as provided for in Annex 4.
ARTICLE 9
REPORTS AND EXCHANGES OF INFORMATION
1. Each Party shall report to the Director of the South Pacific Bureau for
Economic Co-operation (the Director) as soon as possible any significant event
within its jurisdiction affecting the implementation of this Treaty. The
Director shall circulate such reports promptly to all Parties.
2. The Parties shall endeavour to keep each other informed on matters arising
under or in relation to this Treaty. They may exchange information by
communicating it to the Director, who shall circulate it to all Parties.
3. The Director shall report annually to the South Pacific Forum on the status
of this Treaty and matters arising under or in relation to it, incorporating
reports and communications made under paragraphs 1 and 2 of this Article and
matters arising under Articles 8 (2) (d) and 10 and Annex 2 (4).
ARTICLE 10
CONSULTATIONS AND REVIEW
Without prejudice to the conduct of consultations among Parties by other means
, the Director, at the request of any Party, shall convene a meeting of the
Consultative Committee established by Annex 3 for consultation and
co-operation on any matter arising in relation to this Treaty or for reviewing
its operation.
ARTICLE 11
AMENDMENT
The Consultative Committee shall consider proposals for amendment of the
provisions of this Treaty proposed by any Party and circulated by the Director
to all Parties not less than three months prior to the convening of the
Consultative Committee for this purpose. Any proposal agreed upon by consensus
by the Consultative Committee shall be communicated to the Director who shall
circulate it for acceptance to all Parties. An amendment shall enter in to
force thirty days after receipt by the depositary of acceptances from all
Parties.
ARTICLE 12
SIGNATURE AND RATIFICATION
1. This Treaty shall be open for signature by any Member of the South Pacific
Forum.
2. This Treaty shall be subject to ratification. Instruments of ratification
shall be deposited with the Director who is hereby designated depositary of
this Treaty and its Protocols.
3. If a Member of the South Pacific Forum whose territory is outside the South
Pacific Nuclear Free Zone becomes a Party to this Treaty, Annex 1 shall be
deemed to be amended so far as is required to enclose at least the territory
of that Party within the boundaries of the South Pacific Nuclear Free Zone.
The delineation of any area added pursuant to this paragraph shall be approved
by the South Pacific Forum.
ARTICLE 13
WITHDRAWAL
1. This Treaty is of a permanent nature and shall remain in force
indefinitely, provided that in the event of a violation by any Party of a
provision of this Treaty essential to the achievement of the objectives of the
Treaty or of the spirit of the Treaty, every other Party shall have the right
to withdraw from the Treaty.
2. Withdrawal shall be effected by giving notice twelve months in advance to
the Director who shall circulate such notice to all other Parties.
ARTICLE 14
RESERVATIONS
This Treaty shall not be subject to reservations.
ARTICLE 15
ENTRY INTO FORCE
1. This Treaty shall enter into force on the date of deposit of the eighth
instrument of ratification.
2. For a signatory which ratifies this Treaty after the date of deposit of the
eighth instrument of ratification, the Treaty shall enter into force on the
date of deposit of its instrument of ratification.
ARTICLE 16
DEPOSITARY FUNCTIONS
The depositary shall register this Treaty and its Protocols pursuant to
Article 102 of the Charter of the United Nations and shall transmit certified
copies of the Treaty and its Protocols to all Members of the South Pacific
Forum and all States eligible to become Party to the Protocols to the Treaty
and shall notify them of signatures and ratifications of the Treaty and its
Protocols.
DONE at Rarotonga, this Sixth day of August, One thousand nine hundred and
eighty-five, in a single original in the English language.
ANNEX 1
SOUTH PACIFIC NUCLEAR FREE ZONE
A. The area bounded by a line-

(1) commencing at the point of intersection of the Equator by the maritime
boundary between Indonesia and Papua New Guinea;

(2) running thence northerly along that maritime boundary to its intersection
by the outer limit of the Exclusive Economic Zone of Papua New Guinea;

(3) thence generally north-easterly, easterly and south-easterly along that
outer limit to its intersection by the Equator;

(4) thence east along the Equator to its intersection by the meridian of
Longitude 163 degrees East;

(5) thence north along that meridian to its intersection by the parallel of
Latitude 3 degrees North;

(6) thence east along that parallel to its intersection by the meridian of
Longitude 171 degrees East;

(7) thence north along that meridian to its intersection by the parallel of
Latitude 4 degrees North;

(8) thence east along that parallel to its intersection by the meridian of
Longitude 180 degrees East;

(9) thence south along that meridian to its intersection by the Equator;

(10) thence east along the Equator to its intersection by the meridian of
Longitude 165 degrees West;

(11) thence north along that meridian to its intersection by the parallel of
Latitude 5 degrees 30 minutes North;

(12) thence east along that parallel to its intersection by the meridian of
Longitude 154 degrees West;

(13) thence south along that meridian to its intersection by the Equator;

(14) thence east along the Equator to its intersection by the meridian of
Longitude 115 degrees West;

(15) thence south along that meridian to its intersection by the parallel of
Latitude 60 degrees South;

(16) thence west along that parallel to its intersection by the meridian of
Longitude 115 degrees East;

(17) thence north along that meridian to its southernmost intersection by the
outer limit of the territorial sea of Australia;

(18) thence generally northerly and easterly along the outer limit of the
territorial sea of Australia to its intersection by the meridian of Longitude
136 degrees 45 minutes East;

(19) thence north-easterly along the geodesic to the point of Latitude 10
degrees 50 minutes South, Longitude 139 degrees 12 minutes East;

(20) thence north-easterly along the maritime boundary between Indonesia and
Papua New Guinea to where it joins the land border between those two
countries;

(21) thence generally northerly along that land border to where it joins the
maritime boundary between Indonesia and Papua New Guinea, on the northern
coastline of Papua New Guinea; and

(22) thence generally northerly along that boundary to the point of
commencement.
B. The areas within the outer limits of the territorial seas of all Australian
islands lying westward of the area described in paragraph A and north of
Latitude 60 degrees South, provided that any such areas shall cease to be part
of the South Pacific Nuclear Free Zone upon receipt by the depositary of
written notice from the Government of Australia stating that the areas have
become subject to another treaty having an object and purpose substantially
the same as that of this Treaty.
ANNEX 2
IAEA SAFEGUARDS
1. The safeguards referred to in Article 8 shall in respect of each Party be
applied by the IAEA as set forth in an agreement negotiated and concluded with
the IAEA on all source or special fissionable material in all peaceful nuclear
activities within the territory of the Party, under its jurisdiction or
carried out under its control anywhere.
2. The agreement referred to in paragraph 1 shall be, or shall be equivalent
in its scope and effect to, an agreement required in connection with the NPT
on the basis of the material reproduced in document INFCIRC/153 (Corrected) of
the IAEA. Each Party shall take all appropriate steps to ensure that such an
agreement is in force for it not later than eighteen months after the date of
entry into force for that Party of this Treaty.
3. For the purposes of this Treaty, the safeguards referred to in paragraph 1
shall have as their purpose the verification of the non-diversion of nuclear
material from peaceful nuclear activities to nuclear explosive devices.
4. Each Party agrees upon the request of any other Party to transmit to that
Party and to the Director for the information of all Parties a copy of the
overall conclusions of the most recent report by the IAEA on its inspection
activities in the territory of the Party concerned, and to advise the Director
promptly of any subsequent findings of the Board of Governors of the IAEA in
relation to those conclusions for the < information of all Parties.

ANNEX 3
CONSULTATIVE COMMITTEE
1. There is hereby established a Consultative Committee which shall be covened
by the Director from time to time pursuant to Articles 10 and 11 and Annex 4
(2). The Consultative Committee shall be constituted of representatives of the
Parties, each Party being entitled to appoint one representative who may be
accompanied by advisers. Unless otherwise agreed, the Consultative Committee
shall be chaired at any given meeting by the representative of the Party which
last hosted the meeting of Heads of Government of Members of the South Pacific
Forum. A quorum shall be constituted by representatives of half the Parties.
Subject to the provisions of Article 11, decisions of the Consultative
Committee shall be taken by consensus or, failing consensus, by a two-thirds
majority of those present and voting. The Consultative Committee shall adopt
such other rules of procedure as it sees fit.
2. The costs of the Consultative Committee, including the costs of special
inspections pursuant to Annex 4, shall be borne by the South Pacific Bureau
for Economic Cooperation. It may seek special funding should this be required.
ANNEX 4
COMPLAINTS PROCEDURE
1. A Party which considers that there are grounds for a complaint that another
Party is in breach of its obligations under this Treaty shall, before bringing
such a complaint to the Director, bring the subject matter of the complaint to
the attention of the Party complained of and shall allow the latter reasonable
opportunity to provide it with an explanation and to resolve the matter.
2. If the matter is not so resolved, the complainant Party may bring the
complaint to the Director with a request that the Consultative Committee be
convened to consider it. Complaints shall be supported by an account of
evidence of breach of obligations known to the complainant Party. Upon receipt
of a complaint the Director shall convene the Consultative Committee as
quickly as possible to consider it.
3. The Consultative Committee, taking account of efforts made under paragraph
1, shall afford the Party complained of a reasonable opportunity to provide it
with an explanation of the matter.
4. If, after considering any explanation given to it by the representatives of
the Party complained of, the Consultative Committee decides that there is
sufficient substance in the complaint to warrant a special inspection in the
territory of that Party or elsewhere, the Consultative Committee shall direct
that such special inspection be made as quickly as possible by a special
inspection team of three suitably qualified special inspectors appointed by
the Consultative Committee in consultation with the complained of and
complainant Parties, provided that no national of either Party shall serve on
the special inspection team. If so requested by the Party complained of, the
specia inspection team shall be accompanied by representatives of that Party.
Neither the right of consultation on the appointment of special inspectors,
nor the right to accompany special inspectors, shall delay the work of the
special inspection team.
5. In making a special inspection, special inspectors shall be subject to the
direction only of the Consultative Committee and shall comply with such
directives concerning tasks, objectives, confidentiality and procedures as may
be decided upon by it. Directives shall take account of the legitimate
interests of the Party complained of in complying with its other international
obligations and commitments and shall not duplicate safeguards procedures to
be undertaken by the IAEA pursuant to agreements referred to in Annex 2 (1).
The special inspectors shall discharge their duties with due respect for the
laws of the Party complained of.
6. Each Party shall give to special inspectors full and free access to all
information and places within its territory which may be relevant to enable
the special inspectors to implement the directives given to them by the
Consultative Committee.
7. The Party complained of shall take all appropriate steps to facilitate the
special inspection, and shall grant to special inspectors privileges and
immunities necessary for the performance of their functions, including
inviolability for all papers and documents and immunity from arrest, detention
and legal process for acts done and words spoken and written, for the purpose
of the special inspection.
8. The special inspectors shall report in writing as quickly as possible to
the Consultative Committee, outlining their activities, setting out relevant
facts and information as ascertained by them, with supporting evidence and
documentation as appropriate, and stating their conclusions. The Consultative
Committee shall report fully to all Members of the South Pacific Forum, giving
its decision as to whether the Party complained of is in breach of its
obligations under this Treaty.
9. If the Consultative Committee has decided that the Party complained of is
in breach of its obligations under this Treaty, or that the above provisions
have not been complied with, or at any time at the request of either the
complainant or complained of Party, the Parties shall meet promptly at a
meeting of the South Pacific Forum.
Diagram Omitted.