Application of Laws (Coastal Sea) Act 1980 (NSW)

Application of Laws (Coastal Sea) Act 1980 No 146

An Act to apply laws of the State, other than criminal laws, to the coastal sea adjacent to the State.

1 Name of Act This Act may be cited as the Application of Laws (Coastal Sea) Act 1980.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: coastal sea means: (a) the territorial sea adjacent to the State, and (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State, and includes the airspace over and the seabed and sub-soil beneath any such sea. criminal laws means the substantive criminal law, and the law of criminal investigation, procedure and evidence, within the meaning of the Crimes at Sea Act 1998. territorial sea means the territorial sea of Australia. (2) In this Act, a reference to a law in force in the State includes a reference to the provisions of any instrument made under that law. (3) In this Act, a reference to the laws in force in the State does not include a reference to any law to the extent to which it would, if it were to apply by virtue of this Act, regulate or purport to regulate coastal trading, as mentioned in section 736 of the Merchant Shipping Act 1894 of the Imperial Parliament.

4 Application of laws to coastal sea The provisions of the laws in force in the State, whether written or unwritten, and whether substantive or procedural, and as in force from time to time, other than criminal laws and laws of the Commonwealth, apply to and in relation to the coastal sea, and so apply as if the coastal sea were part of the State.