New South Wales Consolidated Acts

OFFSHORE MINERALS ACT 1999 - SECT 16

16 Coastal waters, and effect of change in baseline

(1) Subject to this section, the coastal waters of the State are so much of the area described in Schedule 1 as is constituted by the first 3 nautical miles of the territorial sea from the baseline.

(2) The coastal waters do not include any waters that are inside the baseline.

(3) If:

(a) a licence has been granted on the basis that an area is within coastal waters, and

(b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed, and

(c) as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters,

this Act applies as if the area were still within coastal waters.

(4) Subsection (3) continues to apply to the area only while the licence (and any successor licence) remains in force.

(5) If:

(a) a licence under the Commonwealth Act has been granted on the basis that an area is within the offshore area under the Commonwealth Act, and

(b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed, and

(c) as a result of the change to, or reassessment of the location of, the baseline, the area:

(i) ceases to be within the offshore area under the Commonwealth Act, and

(ii) falls within coastal waters,

this Act does not apply to the area.

(6) Subsection (5) continues to apply to the area only while the licence under the Commonwealth Act (and any successor licence within the meaning of that Act) remains in force.

(7) This section has effect subject to section 172A of the Mining Act 1992 .

(8) In this section:
"baseline" means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being determined under section 7 (2) (b) of the Seas and Submerged Lands Act 1973 of the Commonwealth.

Note: Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service.