The law of Tasmania should apply in Antarctica, not the law of the ACT and Jervis Bay, according to a parliamentary committee.
The committee is headed by Duncan Kerr who represents the Tasmanian seat of Denison. The committee said that the law of the state closest to an Australian territory should be the one that applies to the territory.
The committee said in a report issued yesterday (thur5nov) that Australia should declare a 200-nautical-mile fishing zone around the territory to protect marine life and regulate fishing.
At present ACT civil law and Jervis Bay criminal law applies in Antarctica. Until ACT self-government, the Commonwealth, which administers Antarctica, largely controlled those laws. The committee said Tasmanian law should apply subject to specific Commonwealth law on Antarctica.
The committee thought Australia should make several changes to the legal regime in Antarctica to enhance Australia’s claim of sovereignty to the Australian Antarctic Territory. Australian sovereignty is recognised by only New Zealand, Britain, Norway, France. Australia is a signatory to the Antarctic Treaty under which sovereignty claims are frozen, so to speak.
The committee said changes to the legal regime should be subject to Australia’s treaty obligations, but they should not be inconsistent with Australia’s claim of sovereignty. The changes should be made to help protect the environment.
It thought Australia should make foreign nationals subject to Australian law, subject to the treaty provision that scientific personnel, observers and staff be subject only to their own national law, even when on Australian Antarctic Territory. Station leaders should have power of arrest and custody in the Australian territory.
The fishing zone would apply to non-treaty countries and would apply just like the Australian mainland zone. Australia’s airline regulation should similarly apply.
Australia should seek greater control over tourism and that the territory be declared a nature reserve under the National Parks and Wildlife Conservation Act.
The committee said Heard and McDonald Islands be incorporated into Tasmania subject to them being declared nature reserves under the Tasmanian National Parks and Wildlife Act. The Commonwealth should press for World Heritage listing for Heard Island.