EMBARGO: 4:00 pm

P R I M E .-  M I N I S T E R

FOR MEDIA 7 ?  SUNDAY,  27. APRIL, 19 8 0

ELECTORATE TALK .  .

Since the end of World War II, the International Law of the  Sea has seen great developments.  The developments continue. The Third. United. Nations Conference on the Law of the Sea-  has just completed its ninth session. A further, session

is scheduled later-  this; year. Ã¢ÂÂ

It is important that Australia effectively participate.in  these developments, nationally as well as internationally.

Technological advances: have given access to, great areas of  the seas and the seabed beneath.  The demand for sea and .

seabed resources - for oil, and the protein that fish  provides - has increased sharply.

The protection of the; marine environment has. been- seen to be .   increasingly important. .  .

In 1953 Australia declared its sovereign rights over its .   continental,, shelf;,:Â· theÂ· under sea extension of its land mass;  stretching: out to: the* deep ocean floor. .

In. November last year, the Australian Government decided in the  context of emerging international law, to declare a 200 nautical  mile fishing’  zone around our coast.. All fishing activities  in these waters must now be licenced by Australia law.

However, the national debate on how to administer the offshore  area - both the three mile territorial sea and beyond that  areaÂ· —  has been: drawnÂ· out and-  at times' stormy; Arrangements  with the StatesÂ· enabled our offshore oil industry to get under  way. A basic issue remained. Whether the Commonwealth had,

and should exercise, powers of complete control of the offshore  area, right into low water mar k , even to the point of every  wharf and jetty that juts into the sea 1  round Australia.

In 1973, the Labor Government had legislation passed declaring  not only the sovereign rights of the Commonwealth over the '   continental shelf, but also Commonwealth sovereignty over the  territorial sea, where State Governments had long exercised  rights and responsibilities. .

In 1975, the High Court upheld this Act against  constitutional challenge. '

The question which faced my Government was - how to establish  workable arrangements that would ensure effective and harmonious  administration of the offshore area, and a fair shar.irig of  the nation's offshore resources. . . ./2

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When the Labor Government introduced the 1973Â· legislation  its;. intention was toÂ· deny revenue from these resources . to theÂ· States'.  .  .  .

The Commonwealth could have ended up owning every jetty and  quay in the country as part of a grab for these offshore .

resources.  ~  .  .  .

Instead,,, my. Government chose to explore with the States and with  the Northern Territory the question of conferring on them a  proper role and appropriate rights over the offshore resources.   This issue, was raised in discussions with the Premiers some

three years ago.  .

Federal/"St a t e. consultative bodies were used fully: the Australian Minerals and Energy Council, the Australian Fisheries  Council, the Marine and Ports C.ouncil of Australia, the .  , Australian Environment Council and the Council of Nature

Conservation Ministers. The Standing Committee, of -  .

Attorneys-General drew up legal ways and means of implementing  the proposed arrangements.  Â·  .  .

Four days ago I was most pleased, to introduce into the Parliament  the:Â· Coastal. Waters.  (State Powers) Bill .as the first item, in .   a' leqdis-la’ hiveÂ·Â· package to which all State Governments*''have  agreed.  .  .

This, legislation embodies a practicalÂ· solution to. an issue.Â· that.'   has*, bedevilled State/Federa 1 relationships for more, than a- '  '  Â·   decade.  The: package.Â· which is now going, through the Parliament'  is the result of frankness,  goodwill and great effort by

Commonwealth and State Ministers and officials over a long  period... It. is. in accordance with the Government, policy  of co-operative Federalism".

When this legislation is in force, joint Commonwealth-State  authorities will, be established for offshore petroleum mining  on the continentalÂ· shelf and for fishing, to the outer edge of  the 200 mile fishing zone.

We have given the States a role where constitutionally they  could have been completely excluded. Ã¢ÂÂ   .  '  .

General, responsibility for the territorial sea will revert to  the States, but mining royalties, are to be shared, both outside  and inside the territorial sea. The Commonwealth will have  increased control over offshore oil fields outside the

territorial sea.

The Commonwealth will remain fully able to discharge its  international and national responsibilities over all the offshore  area. Its subsisting sovereignty will continue.to exist. .

The Great Barrier Reef Marine Park Act 1957 will continue to be  applicable to the whole reef region. I

I would like to register my regret at the attitude taken in the  Parliament by the Opposition Spokesman for Minerals and Energy,   Mr. Paul Keating, who has attacked both the legislation and the

State Governments which have agreed to it and which support it.

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Although twoÂ· of these Governments;,, in his own. StateÂ· of .   New South' Wales and in Tasmania are ALP' Governments, Â· Mr. Keating declared "shame on them" while I was  introducing the Coastal Waters legislation. .

It was a. "great sell out" he said. Subsequently he .

accused; these twoÂ· Labor States of breaking ALP policy,   saying that this reflected no credit on them.

I can only re-state that the Commonwealth will continue to  follow itsu policy of restraint and responsibility in its  .  negotiations; with the States. .

There is no substitute, for consultation, co-operation,  discuss ion. and negotiation. Nor. should there b;e.  Â·

The.-Federal system has served Australia well for 80 years  providing the nation with local government for local issues  State Government for State issues, and national government  to deal with national issues and international issues.

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