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Contents (1987 - 15)
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Interpretation Act 1987 No 15
Current version for 15 September 2015 to date (accessed 29 May 2017 at 23:07)
Part 10
Part 10 Application of State laws to coastal waters
58   Definitions
In this Part:
adjacent area in respect of the State means the area the boundary of which was described under the heading referring to the State in Schedule 2 to the repealed Petroleum (Submerged Lands) Act 1967 of the Commonwealth, as in force immediately before the commencement of the Coastal Waters (State Powers) Act 1980 of the Commonwealth.
coastal waters of the State means:
(a)  the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State, other than any part referred to in section 4 (2) of the Coastal Waters (State Powers) Act 1980 of the Commonwealth, or
(b)  any sea that is on the landward side of any part of the territorial sea of Australia and is within the adjacent area in respect of the State, but is not within the limits of the State.
laws of the State means the laws (whether written or unwritten and whether substantive or procedural) that are from time to time in force in the State, but does not include laws of the Commonwealth.
territorial sea of Australia means the territorial sea of Australia within the limits referred to in section 4 (1) of the Coastal Waters (State Powers) Act 1980 of the Commonwealth.
59   Application of laws of the State to coastal waters
The laws of the State apply in and in relation to:
(a)  the coastal waters of the State, and
(b)  the sea-bed and subsoil beneath, and the airspace above, the coastal waters of the State,
as if the coastal waters of the State, as extending from time to time, were within the limits of the State.
60   Laws with specific application not to apply
(1)  Nothing in this Part renders a provision of the laws of the State applicable in a particular place:
(a)  in so far as the provision is incapable of applying in or in relation to that place,
(b)  if those laws expressly provide that the provision does not extend or apply in or in relation to that place, or
(c)  if those laws expressly provide that the provision applies only in a specified locality in the State that does not include that place.
(2)  A provision of the laws of the State shall not be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters and things within the territorial or adjacent waters (however described) of the State.
61   Extent of jurisdiction in relation to coastal waters
(1)  All persons who have functions conferred or imposed on them by law for the purposes of or in connection with a provision of the laws of the State shall have and may exercise all or any of those functions for the purposes of or in connection with that provision, as applying by virtue of this Part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.
(2)  The several courts of the State are invested with jurisdiction in all matters arising under the provisions of the laws of the State, as applying by virtue of this Part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.
62   Constitutional basis
In addition to any other power under which the provisions of this Part may be enacted, the provisions of this Part are enacted under the legislative power of Parliament as extended by section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth.
63   Saving
Nothing in this Part limits any other law that provides for the application of the laws of the State, or any part of those laws, beyond the limits of the State.