RENEWED COMMONWEALTH-STATE CONFRONTATION OVER SOVEREIGNTY OVER OFFSHORE AREAS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000800260008-0
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: December 22, 2016
• Document Release Date: October 1, 2012
• Sequence Number: 8
• Publication Date: February 22, 1977
• Content Type: CABLE

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BRISBANE, JAKARTA, MELBOURNE, PERTH, PORT MORESBY,
SYDNEY, WELLINGTON
Amembassy CANBERRA
N/A
ENRG, EMIN, PLOS, AS
Renewed Commonwealth-State Confrontation
over Offshore Areas
75 Canberra 8453 04
DATE: 2/22/77
6
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over Sovereignty
Western Australia's Premier Sir Charles Court, Sup-
ported by the Premiers of South Australia, Queensland
and Victoria, again entered the verbal battle with the
Commonwealth Government over the issue of sovereignty
over the offshore areas of Australia. Despite a
ruling of the Australian Full High Court in December, 1975,
which puts offshore sovereignty in the hands of the
Commonwealth, the States believe they have a right to
some control over the mineral and fishing resources of
the offshore areas.
??)
The High Court ruling of December 17, 1975, stated that
the Commonwealth has sovereignty over the airspace,
water column, seabed, and subsoil of the territorial sea
and continental shelf of Australia, however delineated.
The ruling validated the "Seas and Submerged Lands
Act, 1973." This Act had resulted in the States bringing
suit against the Commonwealth challenging the validity
of the 1973 legislation.
The High Court Decision on the validity of the "Seas and
Submerged Lands Act, 1973," does not apply to the pro-
duction of petroleum resources in offshore areas. The
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exploration and exploitation of petroleum resources in
offshore areas is covered by the "Petroleum (Submerged
Lands) Act, 1967." This Act provides for joint State-
Commonwealth cooperation in developing offshore petro-
leum resources.
COMMENT:
Sir Charles Court, one of the most outspoken critics of
Commonwealth policy concerning offshore sovereignty, has
refused to accept the ruling of the High Court and views
Commonwealth intervention in offshore resource sovereignty
issues, as actions against state sovereignty which cast
grave doubts on the Commonwealth Government's avowed
policy of "cooperative federalism." Court's outburst this
time is probably fueled by some private feud with the
Commonwealth concerning the potential development of North-
West Shelf hydrocarbons. This is sheer speculation because
legally, the "Seas and Submerged Lands Act, 1973" does
apply to offshore petroleum resources.
Premier Bjelke-Petersen of Queensland is irked with the
Commonwealth for its failure to permit greater State par-
ticipation in the maritime boundary negotiations between
Australia and Papua New Guinea.
Commonwealth officials are on record that the States will
have a role in the development of offshore resources de-
spite the High Court ruling. It is true that the Common-
wealth has consulted with the States to some extent on
issues concerning the development of the North-West Shelf
and the maritime boundary between Australia and Papua New
Guinea in the Torres Strait. However, the renewed
criticism of the Commonwealth in its handling of offshore
resource sovereignty issues implies that all is not well
in State-Commonwealth relations concerning the development
of Australia's offshore resources.
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