The Role of the State in Offshore Mineral Resources Legislation

Offshore minerals legislation has been introduced to provide jurisdiction over the exploration and recovery of mineral resources, particularly petroleum, from the territorial waters and parts of the continental shelves adjacent to coastal states. Ratificat- ion of the 1958 Geneva Conventions on the Law of the Sea has provided some measure of international agreement amongst signatory powers. Because the relationship of the Australian States to the Commonwealth in their federal system, the Australian offshore petroleum legislation is of particular interest. The customary role of the States in mineral resources management, which has extended to the offshore, is under challenge from recent unilateral Commonwealth Government legislative actions in the fields of mineral resources jurisdiction. Environmental considerations provide an additional issue, as yet unresolved, with the delay in submission of the Report of the Great Barrier Reef Petroleum Drilling Royal Commissions