PETROLEUM (SUBMERGED LANDS) ACT 1982 - SCHEDULE 2
PETROLEUM (SUBMERGED LANDS) ACT 1982 - SCHEDULE 2
Schedule 2—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 sea-bed 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 sea-bed 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 sea-bed 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 sea-bed or are
unable to move except in constant physical contact with the sea-bed 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
pipelines 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 be means of tunnelling irrespective of the depth
of water above the subsoil.
ARTICLE 8
This Convention shall, until 31st 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 authorised
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, on behalf of the parties to the Agreement,
including Australia .) |