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AUSTRALIAN INTERNATIONAL LAW

for military purposes. Those nations who only claim jurisdiction over territorial waters of three to 12 miles from the coast could not hope to conduct satisfactory fleet exercises within such limited surface area and generally shallow submarine depths.

The implications of internationalizing the sea bed under the high seas could be profound to those nations which are using, or are planning to use, the sea bed for defence purposes. Some types of purposes in which the sea bed may be involved are indicated below:

(i) Short term

(a) Bottom Fixed Acoustic Arrays-used in detecting submerged

submarines.

(b) Bottom Anchored Acoustic Arrays-used in certain areas where the actual sea bed may not be well placed for maximum acoustic reception.

(c) Bottom Fixed and Bottom Anchored Mines-used to back up detection arrays.

(d) Bottom Fixed Navigational Aids-operating in a similar way to the present day radio beacons and used for improving the accuracy of submarine navigation.

(e) Man and Material Sea Bed Experiments-carried out further offshore in cases where suitable conditions are not found on the sea bed within territorial waters.

(ii) Long term

(a) Fixed or Mobile Missile Launching Stations—can be either
static or mobile and may be placed offshore to minimize danger
to the parent country in the event of their being attacked.
(b) Submerged Dockyards and Munitions Dumps.

(c) Submarine Command and Control-submerged submarines
are currently controlled by national commands and co-ordinated
within Allied blocs to minimize submarine collisions.

It would be utopian to believe that States which are using the deep sea bed for military purposes would be prepared to notify any international body such as an International Deep Sea Mining Agency of the existence and whereabouts of their activities. It must, therefore, we feel, be accepted, in order to avoid the risk of collision and disputes arising through conflicting uses of the sea bed, that those States using the sea bed for peaceful purposes (e.g. deep sea mining) must bear the responsibility for reporting the location of all their operations to an international body. This body would publish notices relating to mining operations and it would then become the responsibility of those States involved in naval and other exercises to avoid areas in which deep sea mining operations were being carried out.

The Committee has not overlooked the possibility that instances might occur of States using a deep sea mining operation as a cover for clandestine intelligence activities. This is a practice which can only effectively be prevented by adequate inspection of mining installations by staff of the Deep Sea Mining Agency administering the regime under which such mining activities are being undertaken.

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It is clear that in considering any regime to regulate exploration and exploitation of the deep sea bed, proper recognition must be given to claims to use the sea bed for other purposes and satisfactory arrangements should be agreed in advance to permit, as far as possible, the unrestricted use of the sea bed and the superjacent waters.

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Appendix

Introducing the Coral Sea Islands Bill of the second reading the Minister for External Territories said:

"The purpose of this Bill is to provide for the government of certain islands in the Coral Sea.

"The islands are situated in the areas described in the first and second paragraphs of the preamble to the Bill. They lie to the east of Queensland between the Great Barrier Reef and the meridian 157 degrees 10 minutes east longitude. One of the islands in the Willis Group has three members of the Commonwealth Bureau of Meteorology stationed on it. The others are all uninhabited. All are very small. Some of the better known are Cato Island, Chilcott Islet in the Coringa Group and the Willis Group.

"The islands were acquired by the Commonwealth by acts of sovereignty over a number of years. A lighthouse has been erected on Bougainville Reef and beacons are operating on Frederick Reef and Lihou Reef. A meteorological station has operated in the Willis Group since 1921 and there is an unmanned weather station on Cato Island. They have been regularly visited by R.A.N. vessels. Survey parties from the Division of National Mapping in the Department of National Development have completed a survey of most of the islands. "When the Petroleum (Submerged Lands) Act was introduced into Parliament in 1967 my colleague the Minister for National Development foreshadowed that at a later stage the offshore petroleum legislation would be extended to these islands in the Coral Sea and to their adjacent submerged lands. This will be the subject of a separate Bill.

"The possibility of exploration for oil on the continental shelf and the increasing range and scope of international fishing enterprises illustrate the desirability of establishing a framework of administration and a system of law in the islands that will be certain and adequate.

"The Bill constitutes the islands a Territory of the Commonwealth by the name of the Coral Sea Islands Territory. It provides for the Governor-General to make Ordinances for the peace, order and good government of the Territory but does not, like the Heard Island and MacDonald Islands Act, apply a set of Australian laws. No one set of Territory laws entirely meets the requirements of the Coral Sea Islands and an Adoption of Laws Ordinance will be made setting out specific legislation which is to apply.

"Any Ordinance made by the Governor-General under the Act shall be laid before each House of the Parliament. Commonwealth Acts will not apply to the Territory unless otherwise specified in an Act.

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"Provision is also made for the Supreme Court and the Court of Petty Sessions of Norfolk Island to have jurisdiction in relation to the Territory. The Bill will permit these courts to sit in the Territory, in Norfolk Island or in Australia for the despatch of business concerning the Coral Sea Islands Territory.

"Under the Norfolk Island Act Commonwealth Judges may be appointed Judges of the Supreme Court of Norfolk Island. Regulations have been made under that Act permitting Norfolk Island business to be dealt with in Australia. The arrangements proposed for the Coral Sea Islands adopt this principle but extend it to the subordi

nate court.

"The provisions of the Bill which apply the judicial system of Norfolk Island to the Territory are designed only to make provision for law enforcement in the new Territory and will have no consequential effect on the Territory of Norfolk Island.

"The Bill will establish no administration on these islands. It will, however, provide the means of controlling the activities of those who visit them."

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