Western Australia
Off-shore (Application of Laws) Act 1982
Reprint 1: The Act as at 16 May 2003
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
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Reprinted under the Reprints Act 1984 as |
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at 16 May 2003 |
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Western Australia
Off‑shore (Application of Laws) Act 1982
CONTENTS
2.Interpretation1
3.Application of laws of the State to the coastal waters of the State2
3A. Application of certain laws of the State to the adjacent area in respect of the State3
4.Regulations3
Notes
Compilation table5
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Reprinted under the Reprints Act 1984 as |
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at 16 May 2003 |
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Western Australia
Off‑shore (Application of Laws) Act 1982
An Act to make provision with respect to the application of the laws of the State in the coastal waters of the State and to repeal the Off‑shore (Application of Laws) Act 1977 2.
This Act may be cited as the Off‑shore (Application of Laws) Act 1982 1.
In this Act —
“adjacent area in respect of the State” has the same meaning as, in relation to Western Australia, that expression has in the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
“coastal waters of the State” has the same meaning as, in relation to Western Australia, that expression has in the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
“cooperative scheme” has the same meaning as that expression has in the Crimes at Sea Act 2000;
“criminal laws” means the substantive criminal law, and the law of criminal investigation, procedure and evidence, within the meaning of the cooperative scheme;
“law of the State” means any present or future law in force in the State, whether written or unwritten and as in force from time to time, and includes any instrument made under such a law, save and except a law of the Commonwealth;
“shipping matters” means matters relating to ports, harbours and other shipping facilities, including installations and dredging and other works, relating thereto, and other coastal works;
“subterranean mining” means subterranean mining from land within the limits of the State.
[Section 2 amended by No. 37 of 1983 s. 2; No. 11 of 2000 s. 9.]
3.Application of laws of the State to the coastal waters of the State
(1)It is declared that —
(a)the provisions of every law of the State shall be taken to have effect in and in relation to the coastal waters of the State, including the sea‑bed and subsoil beneath and the airspace above the coastal waters of the State, as if those waters were part of Western Australia; and
(b)any reference in a written law of the State to Western Australia or to the State or to the jurisdiction or any other like reference shall be read as including a reference to the coastal waters of the State.
(2)Nothing in subsection (1) shall be taken —
(a)to limit the operation of any written law of the State intended to operate beyond the coastal waters of the State; or
(b)to apply the provisions of the criminal laws of the State to or in relation to the coastal waters of the State or the sea‑bed or subsoil beneath or the airspace above those waters.
[Section 3 amended by No. 11 of 2000 s. 9.]
3A. Application of certain laws of the State to the adjacent area in respect of the State
(1)It is declared that —
(a)the provisions of every law of the State, being a law with respect to subterranean mining or shipping matters, shall be taken to have effect in and in relation to the adjacent area in respect of the State including the sea‑bed and subsoil beneath and the airspace above that adjacent area as if that adjacent area was part of Western Australia; and
(b)any reference in a written law of the State, being a law with respect to subterranean mining or shipping matters, to Western Australia or to the State or to the jurisdiction or any other like reference shall be read as including a reference to the adjacent area in respect of the State.
(2)Nothing in subsection (1) shall be taken —
(a)to limit the operation of any written law of the State intended to operate beyond the coastal waters of the State; or
(b)to apply the provisions of the criminal laws of the State to or in relation to the adjacent area in respect of the State or the sea‑bed or subsoil beneath or the airspace above that adjacent area.
[Section 3A inserted by No. 37 of 1983 s. 3; amended by No. 11 of 2000 s. 9.]
(1)The Governor may make regulations providing that such provisions or classes of provisions of the laws in force in the State as are specified in the regulations —
(a)do not have effect by virtue of this Act;
(b)do not have effect by virtue of this Act to acts or omissions or classes of acts or omissions, specified in the regulations; or
(c)do not have effect by virtue of this Act in circumstances specified in the regulations.
(2)Where regulations made under subsection (1) are in force, this Act shall be construed to apply the provisions of the laws in force in the State subject to and in accordance with the regulations.
[5.Omitted under the Reprints Act 1984 s. 7(4)(f).]
Notes
1This reprint is a compilation as at 16 May 2003 of the Off‑shore (Application of Laws) Act 1982 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Off‑shore (Application |
21 of 1982 |
27 May 1982 |
27 May 1982 |
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Off‑shore (Application of Laws) Amendment Act 1983 |
37 of 1983 |
1 Dec 1983 |
1 Dec 1983 |
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Crimes at Sea Act 2000 s. 9 |
11 of 2000 |
19 May 2000 |
31 Mar 2001 (see s. 2 and Gazette 30 Mar 2001 p. 1755) |
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Reprint 1: The Off‑shore (Application of Laws) Act 1982 as at 16 May 2003 (includes amendments listed above) |
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2The provision in this Act repealing the Off-shore (Application of Laws) Act 1977 has been omitted under s. 7(4)(f) of the Reprints Act 1984.
By Authority: JOHN A. STRIJK, Government Printer