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Topic: Offshore Constitutional Settlement

	New Zealand - Wikipedia, the free encyclopedia
		Settlement of the Chatham Islands to the east of the mainland produced the Moriori people, but it is disputed whether they moved there from New Zealand or elsewhere in Polynesia.
		New Zealand was involved in a Constitutional Convention in March 1891 in Sydney, New South Wales, along with the Australian colonies.
		The Tertiary sector is the largest sector in the economy and constitutes 67.6% of GDP, followed by the Secondary sector on 27.8% and the Primary sector on 4.7% (2005 estimate).
	en.wikipedia.org /wiki/New_Zealand (5290 words)

	Brazil - Hutchinson encyclopedia article about Brazil (Site not responding. Last check: 2007-10-30)
		Under the 1988 constitution, Brazil is a federal republic of 26 states and a federal district (Brasília).
		In 1937, during the campaigns for elections in the coming January, the government declared the country to be in a ‘state of war’, and in November 1937 Vargas mounted a coup d'état, closed Congress, and abolished the former political parties.
		The constitution was again amended to allow for direct presidential elections, and in 1988 a new constitution was adopted, under which considerable power was transferred from the president to Congress.
	encyclopedia.farlex.com /Brazil (3404 words)

	The World Factbook 2004 -- Field Listing - Background
		Although nominally a constitutional democracy since 1991, the 1996 presidential and 1999 legislative elections were widely seen as being flawed.
		Democratic rule was interrupted by two military coups in 1987, caused by concern over a government perceived as dominated by the Indian community (descendants of contract laborers brought to the islands by the British in the 19th century).
		Constitutional government was restored in 1993 after 23 years of military rule.
	www.brainyatlas.com /fields/2028.html (15451 words)

	Offshore Minerals Bill - 23/06/1999 - 2R (Site not responding. Last check: 2007-10-30)
		It is uniform legislation as part of the offshore constitutional settlement of 1979 and it mirrors the Commonwealth Offshore Minerals Act 1994.
		Offshore mining is not consistent with the ethics of the much-stated clean and green New South Wales.
		The Green movement is concerned that encouraging offshore mining is not consistent with the ethics of conservation and the precautionary principle.
	www.parliament.nsw.gov.au /prod/parlment/hansart.nsf/V3Key/LC19990623044 (4152 words)

	Vienna Convention on Diplomatic Relations of April 18, 1961 (Site not responding. Last check: 2007-10-30)
		The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.
		The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions.
		He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier.
	www.offshore-manual.com /ViennaDiplomatic.html (5608 words)

	The Offshore Institute
		The Offshore Institute and the OFI are grateful to the UK Chapter for providing this Special Feature Section addressing the issues and for contributing their time & effort in bringing such information to the attention of the Offshore Community.
		A referendum on a new constitutional settlement could then be held in the second half of 2002.
		The Offshore Institute is grateful to the UK Chapter for providing this Special Feature Section addressing the issues and for contributing their time & effort in bringing such information to the attention of the Offshore Community.
	www.offshoreinstitute.com /news_march_2002.html (4737 words)

	Development of Australian Fisheries Management 3
		Although these difficulties had their foundation in the Constitution and the post-Gorton trend to expand Commonwealth powers, they were magnified by a contemporaneous trend to greatly increase government control over the capture of fish.
		A century after it was born shared responsibility was restored when the Commonwealth Parliament enacted the package of legislation to implement the Offshore Constitutional Settlement and, despite some initial hesitation, the Australian Labor Party confirmed their support for the principle in July 1985.
		The discordant decade ended in 1978 and was followed by a gradual return to cooperation which culminated in 1989 in the joint action by the States and Commonwealth governments to successfully defend the OCS fishery arrangements and fishing licence fees in the High Court.
	members.trump.net.au /ahvem/Fisheries/National/Dev_AFM3.html (2530 words)

	Alert Digest No. 2 of 2004 (Site not responding. Last check: 2007-10-30)
		The Committee is of the view that the proposed section 85 Constitution Act 1975 provisions are appropriate and desirable in all the circumstances.
		Inclusion of this provision is consistent with the offshore constitutional settlement between the Commonwealth and the States to provide for consistent offshore regulation.
		It will also enable the operators-employers of offshore facilities to choose to carry out their functions within the broad parameters of a code of practice without breaches of the code being subject to possible legal action in both Commonwealth and State waters.
	www.parliament.vic.gov.au /sarc/2004alerts/04alt2body.htm (9371 words)

	OffshoreNet: Caribbean Archives (Site not responding. Last check: 2007-10-30)
		He dismisses legislative efforts as ineffectual, makes no mention of how nations might use incentives to keep their companies from heading offshore, and generally sneers at would-be reformers for thinking that capitalism "could be preserved from its rotten excesses." This is unhelpful.
		The first recorded settlements were located on Little Cayman and Cayman Brac, during the 1661-71 tenure of Sir Thomas Modyford as Governor of Jamaica.
		The constitutional relationship between Cayman and Jamaica remained ambiguous until 1863 when an act of the British parliament formally made the Cayman Islands a dependency of Jamaica.
	www.offshorenet.com /blog/caribbean (14779 words)

	Constitutional - Offshore Investments, Offshore Banking
		Offshore constitutional settlement 1980: a case study in federalism
		Offshore constitutional settlement 1980: a case study in federalism Offshore constitutional settlement 1980: a case study in federalism Introduction: The main specific reference to powers over offshore matters in the Australian Constitution was
		offshore IBC in Dominica, non-resident companies in Gibraltar and offshore It is an independent constitutional Republic now within the British Commonwealth.
	www.offshore-resources.net /constitutional.htm (247 words)

	Barbados (Site not responding. Last check: 2007-10-30)
		When the federation was terminated, Barbados reverted to its former status as a self-governing colony.
		Offshore finance and information services have become increasingly important foreign exchange earners, and there is also a healthy interest into the island's light manufacturing sector.
		The Golden Shield in the Coat of Arms carries two "Pride of Barbados" flowers and the "Bearded" Fig Tree (ficus Citrifolia) which was common on the island at the time of its settlement by the British and contributed to Barbados being so named.
	barbados.iqnaut.net (2454 words)

	Offshore Incorporation, Offshore company formation and Offshore bank account
		The first French settlement was established on St. Anne Island on the 27th August 1770 and two years later this was followed by a settlement on Mahe on the site of what is now the capital city, Victoria.
		The Free Trade Zone is now becoming a major element in the economic development of the area and the Industrial Fisheries Section is also increasing in importance, based mainly on the issue of licences to foreign tuna fishing vessels.
		The International Business Company is the most widely used vehicle for offshore operations in the Seychelles; it normally takes the form of a private company limited by shares, but can also be a Limited Life Company.
	www.offshoreinc.net /info_seychelles.shtml (1495 words)

	The Australian Federal Constitution: Net Resources (Discussion #4)
		The "constitutional and socio-historical background" to the 1946 referendum on s51(xxiiiA) and also the various judicial interpretations of the clause "but not so as to authorise any form of civil conscription".
		The court held that s.80 of the Commonwealth Constitution had to be interpreted in the light of that common law history.
		No court is authorized to change a rule of law fixed by the Constitution of the Commonwealth or the Constitution of a State or fixed by a valid statutory provision.
	www-personal.edfac.usyd.edu.au /staff/souters/constitution/provisions.html (7120 words)

	Commonwealth of Australia v Yarmirr [1999] FCA 1668 (3 December 1999) (Site not responding. Last check: 2007-10-30)
		CONSTITUTIONAL LAW - determination of the territorial limits of the Northern Territory - evolution of relevant maritime zones in the claimed area - relevant considerations in the determination of bays and gulfs.
		This object is achieved by a statutory declaration (s 11(1)) that native title `is not able to be extinguished contrary to this Act.' The protection given to native title by this provision removes its vulnerability to defeasance at common law by providing a prima facie sterilisation of all acts which would otherwise defeat native title.
		The NTA is an expression of legislative intent to recognise and confirm that native title survived the acquisition of sovereignty and constitutes a burden on the radical title of the Crown.
	www.coolname.com /md_files/2034/1668.html (15544 words)

	The Offshore Institute
		The applications include individuals from varying backgrounds ranging from professionals with many years of experience in the international financial service sector to successful entrepreneurs that are interested in gaining inside education and exposure to the OI member network throughout the world.
		The OECD has indicated that all Offshore Financial Centers would be required to introduce procedures for exchange of information upon request for criminal tax matters by the end of 2003 and on civil tax matters by the end of 2005.
		Offshore Finance Yearbook 2002/2003: Available to Offshore Institute Members Members of the Offshore Institute will receive a copy of the Offshore Financial Yearbook which is to be published later this year.
	www.offshoreinstitute.com /march_2002.html (2271 words)

	Offshore Petroleum (Safety Levies) Bill 2003 (Bills Digest, no. 50, 2003-04) (Site not responding. Last check: 2007-10-30)
		In 1979 the Commonwealth and the States agreed to a division of offshore powers and responsibilities known collectively as the Offshore Constitutional Settlement (‘OCS’).
		A major consequence of the OCS was that, as States and the Northern Territory retained responsibility for coastal waters up to three nautical miles from the low water mark, the Occupational Health and Safety (‘OH and S’) legislation of those States and the Northern Territory applied to activities of the petroleum industry in those waters.
		The formation of a single independent national agency to regulate and oversee safety in the offshore petroleum industry is the preferred outcome of the industry peak body, APPEA, and the International Association of Drilling Contractors.
	www.aph.gov.au /LIBRARY/pubs/BD/2003-04/04bd050.htm (1135 words)

	Petroleum (Submerged Lands) Legislation Amendment Bill (No. 2) 2000 (Bills Digest 184 1999-2000) (Site not responding. Last check: 2007-10-30)
		In 1967 interest in offshore petroleum exploration led to negotiations between the Commonwealth and the States and Northern Territory which produced an agreement regarding joint responsibility over offshore petroleum exploration and exploitation.
		In 1983 an excise and royalty regime was implemented which distinguished between onshore and offshore petroleum production, revenue associated with the latter being centralised in accordance with the Offshore Constitutional Settlement.
		Offshore Constitutional Settlement: A milestone in co-operative federalism, Commonwealth of Australia, Attorney-General's Department, AGPS, Canberra, 1980, p.
	www.aph.gov.au /LIBRARY/Pubs/bd/1999-2000/2000bd184.htm (1730 words)

	Alert Digest No 12 of 2001 (Site not responding. Last check: 2007-10-30)
		The Bill will re-establish the constitutional relationship between the judiciary and the Parliament on issues of judicial salaries and allowances in line with Act of Settlement principles.
		These provisions have the same effect as similar provisions inserted into the Road Safety Act by the Road Safety (Amendment) Act 2000 which introduced the offence of driving a vehicle while impaired by a drug and the procedures for assessing whether a driver was, while driving, impaired by a drug.
		The Committee has examined the proposed section 85 of the Constitution Act 1975 clause and notes the Minister’s statement in the Second Reading Speech and accepts that the provisions are consistent with the purposes of the Bill.
	www.parliament.vic.gov.au /sarc/2001alerts/01alt12.html (5442 words)

	Offshore Constitutional Settlement (OCS) areas in South Eastern Australia
		Boundaries of Offshore Constitutional Settlement (OCS) areas in south-eastern Australia.
		Offshore Constitutional Settlement refers to arrangements between the Australian Commonwealth and the States regarding fisheries management.
		The base datasets on OCS boundaries are incomplete and are held by the Bureau of Rural Sciences (BRS).
	www.marine.csiro.au /nddq/ndd_search.Browse_Citation?txtSession=139 (250 words)

	RAC Coastal Zone Inquiry - Final Report, Chapter 4 continued - Intergovernmental Coordination
		At the national level, attempts to achieve consistent approaches have been made through the Offshore Constitutional Settlement and, more recently, the Intergovernmental Agreement on the Environment.
		4.5.4 The Offshore Constitutional Settlement is a regulatory and administrative approach to national cooperation.
		Under the Settlement, which was agreed at the Premiers Conference in June 1979 and took effect in 1983, the Commonwealth granted title and legislative power to the states for marine and seabed resources extending 3 nautical miles from the low-water mark.
	www.deh.gov.au /coasts/publications/rac/chap4-inter.html (1191 words)

	Australian National University EPrints2 Archive - Offshore constitutional settlement 1980: a case study in federalism (Site not responding. Last check: 2007-10-30)
		Brazil, Pat (2001) Offshore constitutional settlement 1980: a case study in federalism.
		Introduction: The main specific reference to powers over offshore matters in the Australian Constitution was in Section 51(x) giving the Commonwealth Parliament power to legislate for ‘fisheries in Australian waters beyond territorial limits’.
		It was held that this meant that the Commonwealth had no power to legislate with respect to fisheries within three nautical miles of the coast of a State.
	eprints.anu.edu.au /archive/00001441 (148 words)

	Glossary of fishing, fisheries, aquatic and marine terms, Department of Fisheries, Western Australia, Fish for the ...
		Offshore waters are considered by the Australian and New Zealand Environment and Conservation Council to mean the area of the Exclusive Economic Zone extending from the border of the three nautical mile State and Territory waters to the limit of Australia's international marine boundary, i.e.
		In a more general sense, the term 'offshore' refers to the waters beyond the inshore waters (see 'inshore').
		Fisheries for which OCS arrangements are not in place may be managed as status quo fisheries or through joint control.
	www.fish.wa.gov.au /glossary/GlossaryPage07.php?00 (533 words)

	Section 3 - Draft masterplan - NT parks & conservation masterplan - Park management - Parks - NRETA - NT Government ... (Site not responding. Last check: 2007-10-30)
		Under the Offshore Constitutional Settlement, the Northern Territory Government is responsible for waters within three nautical miles of the baseline adjacent to the coast.
		PIFM is responsible for the ecologically sustainable management of fisheries (including aquaculture) and offshore mining, gas and petroleum exploration and development.
		With the inclusion of offshore islands and estuarine systems, the Northern Territory’s coastline is over 10 000 kilometres in length.
	www.nt.gov.au /nreta/parks/management/masterplan/draftmasterplan/draft_section_3_6.html (1991 words)

	The Samuel Griffith Society: Volume 2: Chapter Ten
		The National Companies and Securities scheme and the Offshore Constitutional Settlement are the two best known examples of the success of this approach.
		Ideally of course the external affairs power could be limited by a referendum, but that required both an effective form of words and sufficient support in the electorate to obtain the required majority for change.
		The argument against this proposal was that it would be difficult to reach agreement on the actual division of powers, and would be too difficult to explain to the electorate.
	www.samuelgriffith.org.au /papers/html/volume2/v2chap10.htm (3226 words)

	Seafood Industry of Victoria
		To aid management between States and the Commonwealth a piece of legislation was enacted (passed before parliament) called the Offshore Constitutional Settlement.
		A recent agreement between Victoria and AFMA means that all gummy and school sharks caught in the Southern Shark Fishery are managed by AFMA.
		While the fishery officially began in 1927 sharks have contributed to the Victorian economy since European settlement of Melbourne.
	www.siv.com.au /shark.htm (1008 words)

	Future unknown: The terrorist threat to Australian maritime security
		Under Australia's Offshore Constitutional Settlement, state authorities have jurisdiction out to three nautical miles from the territorial sea baseline and for internal waters, including jurisdiction over ports and port areas.
		The settlement's Shipping and Navigation Agreement divides jurisdiction over shipping between the Commonwealth and the states and territories.
		offshore industry mobile units and vessels, other than those confined to one state or territory.
	www.aspi.org.au /21139maritimesecurity/chapter01.html (2885 words)

	Growfish - Gippsland Aquaculture Industry Network (GAIN)
		Federal Fisheries Minister Senator Ian Macdonald has tabled a policy statement in Parliament outlining areas for improvement and opportunities to be pursued in Commonwealth fisheries policy.
		Titled Looking to the Future: A Review of Commonwealth Fisheries Policy, the statement recognises the nation's unprecedented growth in the area, but also the need for reform in areas like Offshore Constitutional Settlement arrangements, and the improvement of the Australian Fisheries Management Authority.
		"In terms of the Offshore Constitutional Settlement, these arrangements have worked well in some instances, but remain problematic in others.
	www.growfish.com.au /content.asp?contentid=364 (314 words)

	Ocean Prawn Trawl Fishery - NSW DPI - Fisheries (Site not responding. Last check: 2007-10-30)
		Of these, 267 are endorsed to trawl for prawns in the inshore sector of the fishery (from the coast to three nautical miles to sea), where the main species harvested are school prawns, school whiting and eastern king prawns.
		A total of 238 are endorsed to trawl in the offshore sector, catching mainly eastern king prawns and school whiting between three nautical miles and the 4000m depth contour (approximately 80 nautical miles to sea).
		Trawling for prawns in ocean waters off NSW commenced in the late 1940s in the waters of Stockton Bight, near Newcastle, starting with school prawns and soon extending further offshore where the main catch comprised king prawns.
	www.fisheries.nsw.gov.au /commercial/commercial2/ocean_prawn_trawl_fishery (771 words)

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