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Coastal law maps |
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Determining where legal boundaries start and finish in coastal and marine areas is crucial in understanding what laws apply where and who is responsible for implementing those laws. Under international law, coastal nations like Australia may exclusively govern the sea for up to the first 12 nautical miles from their coastal “baseline”. Baselines generally follow the coastal marine low water mark measured at low tide. However, sometimes the baseline departs from the low water mark (for example to skirt around an offshore island such as Rottnest Island). In Australia, these departures will generally be published in the Commonwealth Government Gazette. Beyond the 12 nautical mile limit, a nation’s laws may apply with varying (and steadily decreasing) effect for up to 350 nautical miles from the baseline. For example, Australia regulates fishing up to 200 nautical miles from its baseline, and regulates offshore mineral activities up to 350 nautical miles from its baseline. Beyond 350 nautical miles from a nation’s baseline, the International Law of the Sea provides that all nations generally have the right to exercise the freedoms of the high seas, including the freedom of navigation, fishing, laying of submarine cables, and overflight. However, even these freedoms are being increasingly constrained by a number of international treaties concerned with biodiversity conservation and environmental protection. In Australia, by an agreement between the States and Commonwealth, State laws generally apply between the baseline and the first 3 nautical miles from the baseline. Commonwealth laws generally apply to areas seawards of the 3 nautical mile line from the baseline. Local government laws in Western Australia generally apply to land as far as the marine low or high water mark. Specific boundaries are shown on maps held by the Department of Land Information (DLI). Region and town planning laws may apply to marine areas as described in the relevant planning scheme maps. Offshore islands, reefs and structures often fall within the jurisdiction of the adjacent local government. Terrestrial land adjacent to the coast or comprising off-shore islands and reefs, is usually Crown land. Crown land may be managed and controlled by a specific management authority or local government. Some coastal lands may also be privately owned. Information about who owns or controls particular coastal land can generally be obtained from DLI, or the relevant management authority. To illustrate the different legal boundaries applying to Western Australian coastal areas, DLI and the EDO have jointly prepared a number of maps as part of Coast Law in Western Australia and the Coast Law Project. These maps are the copyright of DLI and are made available to the public with its approval (approval no. P-286). Large colour posters of these maps can be viewed at the EDO office and purchased directly from the DLI GIS mapping department.
For more information on coastal boundaries and the environment
laws that apply to them, order a copy of “Coast Law in Western
Australia” or browse our Coastal Law Fact Sheets. The AMBIS
website (Australian Maritime Boundaries) also has useful information
on coastal legal boundaries in Australia |
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