Territorial Sea, Contiguous Zone, and Exclusive Economic Zone (Australia) Order 2005

Reprint
as at 9 December 2005

Crest

Territorial Sea, Contiguous Zone, and Exclusive Economic Zone (Australia) Order 2005

(SR 2005/325)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 5th day of December 2005

Present:
The Hon Dr Michael Cullen presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Ministry of Foreign Affairs and Trade.


Pursuant to section 9(4) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone (Australia) Order 2005.

2 Commencement
  • This order comes into force on 25 January 2006.

3 Interpretation
  • (1) In this order, Treaty means the Treaty between the Government of New Zealand and the Government of Australia Establishing Certain Exclusive Economic Zone Boundaries and Continental Shelf Boundaries, done at Adelaide on 25 July 2004.

    (2) In this order, a geographic co-ordinate is expressed in terms of the International Terrestrial Reference Frame 2000 as defined by the International Earth Rotation Service at epoch 1 January 2000.

4 Exclusive economic zone not to extend beyond certain positions
  • (1) For the purposes of implementing the Treaty, it is declared that the exclusive economic zone of New Zealand, in the area between the Three Kings Islands and Norfolk Island, does not extend beyond a boundary that is delineated by the line that commences at the point of latitude 30°53′11.23″ south, longitude 171°13′28.85″ east, and then runs in the following order:

    • (a) south-westerly along the geodesic to the point of latitude 31°16′01.68″ south, longitude 170°37′06.34″ east:

    • (b) south-westerly along the geodesic to the point of latitude 31°19′31.67″ south, longitude 170°31′15.10″ east:

    • (c) south-westerly along the geodesic to the point of latitude 31°40′26.30″ south, longitude 169°56′12.27″ east:

    • (d) south-westerly along the geodesic to the point of latitude 31°47′23.99″ south, longitude 169°44′25.06″ east:

    • (e) south-westerly along the geodesic to the point of latitude 32°04′50.57″ south, longitude 169°14′37.00″ east:

    • (f) south-westerly along the geodesic to the point of latitude 32°06′52.74″ south, longitude 169°11′06.79″ east:

    • (g) south-westerly along the geodesic to the point of latitude 32°25′18.55″ south, longitude 168°39′03.72″ east.

    (2) For the purposes of implementing the Treaty, it is declared that the exclusive economic zone of New Zealand, in the area between Macquarie Island and Auckland and Campbell Islands, does not extend beyond a boundary that is delineated by the line that commences at the point of latitude 51°10′36.30″ south, longitude 160°37′30.11″ east, and then runs in the following order:

    • (a) south-easterly along the geodesic to the point of latitude 51°26′17.80″ south, longitude 160°57′46.87″ east:

    • (b) south-easterly along the geodesic to the point of latitude 52°11′26.54″ south, longitude 161°57′11.15″ east:

    • (c) south-easterly along the geodesic to the point of latitude 52°15′53.24″ south, longitude 162°03′07.43″ east:

    • (d) south-easterly along the geodesic to the point of latitude 52°27′43.12″ south, longitude 162°18′59.49″ east:

    • (e) south-easterly along the geodesic to the point of latitude 52°40′46.86″ south, longitude 162°36′30.28″ east:

    • (f) south-easterly along the geodesic to the point of latitude 52°46′50.62″ south, longitude 162°44′42.77″ east:

    • (g) south-easterly along the geodesic to the point of latitude 52°47′42.61″ south, longitude 162°45′53.41″ east:

    • (h) south-easterly along the geodesic to the point of latitude 53°42′58.16″ south, longitude 164°03′13.39″ east:

    • (i) south-easterly along the geodesic to the point of latitude 53°50′59.84″ south, longitude 164°14′42.04″ east:

    • (j) south-easterly along the geodesic to the point of latitude 54°13′58.99″ south, longitude 164°26′41.46″ east:

    • (k) south-easterly along the geodesic to the point of latitude 54°40′13.65″ south, longitude 164°40′40.22″ east:

    • (l) south-easterly along the geodesic to the point of latitude 54°41′43.03″ south, longitude 164°41′28.44″ east.

Diane Morcom,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 25 January 2006, sets the boundaries of the exclusive economic zone between New Zealand and Australia in those areas where the exclusive economic zones of the 2 countries would otherwise overlap. The order gives effect to provisions of a treaty with Australia concluded on 25 July 2004.

The exclusive economic zone is the marine area beyond the territorial sea over which a coastal State has the exclusive right to control fishing and other activities. Generally, the limit of the exclusive economic zone is 200 nautical miles from the coastline. The exclusive economic zones of New Zealand and Australia overlap in 2 areas: between the Three Kings Islands (New Zealand) and Norfolk Island (Australia), and also between Auckland and Campbell Islands (New Zealand) and Macquarie Island (Australia). The order defines the actual boundary line in those 2 areas.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 8 December 2005.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone (Australia) Order 2005. The reprint incorporates all the amendments to the order as at 9 December 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)