Offshore Minerals Act 1999 (NSW)

Offshore Minerals Act 1999 No 42

An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in the first 3 nautical miles of the territorial sea in respect of New South Wales; to amend other Acts consequentially; and for related purposes.

Chapter 1 Introduction

Part 1.1 Legislative formalities and background

1 Name of Act This Act is the Offshore Minerals Act 1999.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Commonwealth–State agreement (the Offshore Constitutional Settlement) (1) The Commonwealth and the States have agreed that: (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters, and (b) the States should share, in the manner provided by the Offshore Minerals Act 1994 of the Commonwealth, in the administration of the Commonwealth offshore mining legislation, and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea), and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia's territorial sea.

Note 1— So far as the agreement relates to petroleum, it is reflected in this State's legislation by the Petroleum (Offshore) Act 1982.

Note 2— Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant have not been used in the numbering of this Act. (2) Other Acts that provide background in this State to the agreement (commonly referred to as the "Offshore Constitutional Settlement") are: (a) the Seas and Submerged Lands Act 1973, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Offshore Petroleum Act 2006 of the Commonwealth, and (b) the Petroleum (Offshore) Act 1982 of this State.