ISSUE 191 : Jul/Aug - 2013 - Australian Defence Force Journal

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PNG’s Government would also need to consider holistically the legal, administrative and resource framework. As a first step, this would likely involve the appointment of a nationallevel coordinating body to establish, catalyse and strengthen coordination mechanisms, and to implement partnerships at national and provincial levels, while engaging with regional arrangements. 39 Currently, a number of authorities and departments have responsibility for the use and protection of PNG’s marine environment, including the enforcement agencies. Significant coordination and cooperation between these departments and agencies would be required to avoid resource waste and ‘turf wars’. Also, the complexity of managing relationships, agendas and resources across these authorities is likely to erode the effectiveness of the policy unless there is a ‘lead agency’ for each program, which would be responsible for seeking and administering the respective budget, sponsoring relevant legislation and regulations, and being accountable to the overall coordinating body for program outcomes. 40 Strengthening maritime sovereignty and jurisdiction Before determining the capabilities needed to protect PNG’s sovereignty and marine environment, PNG’s Government would also need to determine and promulgate the extent of its maritime domain and consider additional protective measures. EEZ and fisheries waters The National Seas Act 1977, enacted by PNG pre-UNCLOS, established its territorial sea, internal waters, offshore seas and archipelagic waters. 41 Its ‘offshore seas’, as defined in the Act, ‘extend to a distance of 200 [nautical] miles seaward from the baselines’. 42 Although the Act defined ‘baseline’ as a territorial sea baseline, the interim delimitation of archipelagic waters in the Act made clear PNG’s intent to claim sovereignty over its archipelagic waters (broadly equivalent to a modern EEZ). In a subsequent proclamation, PNG defined its archipelagic waters and the outer limit of offshore seas by adopting ‘limits of 200 [nautical] miles from the baselines where no boundary lines with other States may appropriately be drawn’. 43 Although the National Seas Act did not define an EEZ, the Fisheries Management Act 1998, a post-UNCLOS enactment, defined PNG’s EEZ as ‘all of the offshore seas, seaward of and adjacent to the territorial sea’. 44 PNG, therefore, had declared a 200 nautical mile EEZ, albeit through simply updating existing national legislation with UNCLOS terminology. However, the UN considers that PNG claims a 200 nautical mile ‘declared fishing zone’ (DFZ), rather than an EEZ. 45 Despite any technical difference between the two, in the absence of other legislation or definitions, the Fisheries Management Act provided a degree of protection of PNG’s sovereignty and rights by defining ‘fisheries waters’ as: … the internal waters, including lagoons, the territorial sea, the archipelagic waters, the [EEZ] and any other waters over which [PNG] exercises or claims jurisdiction or sovereign rights, and includes the bed and subsoil underlying those waters. 46 In 2002, PNG deposited with the UN a list of coordinates that defined the baselines to locate its archipelagic waters. 47 UNCLOS provided PNG with sovereignty over those waters in accordance with an international convention, rather than just national legislation; as a result, PNG and the 44
international community had the baseline framework from which to measure the breadth of PNG’s maritime zones, which include the territorial sea, contiguous zone, EEZ and continental shelf (see Figure 4). 48 Figure 4. PNG’s maritime zones 49 Continental shelf Although still related to fishing and living resources, PNG clarified its claim to the continental shelf in 1977 by amending the Continental Shelf (Living Natural Resources) Act, again to align with the National Seas Act. PNG declared a continental shelf that included all seabed and subsoil underlying waters from the high water line to offshore seas ‘to a depth not exceeding 200 [metres] or, beyond that limit, to a depth where the [overlying] waters admit of the exploitation of the natural resources’. 50 PNG extended its sovereign rights to marine resources within the nationally claimed EEZ and on the continental shelf by claiming jurisdiction over seabed and subsoil underlying ‘fisheries waters’. 51 In 2009, the governments of PNG, the Federated States of Micronesia and the Solomon Islands deposited a joint submission with the UN to establish the outer limits of an extended continental shelf in the Ontong Java Plateau region. 52 The claimed area encloses approximately 600,000 square kilometres of continental shelf beyond 200 nautical miles from respective baselines 53 —which arguably would provide the claimants with access to mineral rich resources. PNG also foreshadowed a similar claim for the Mussau Ridge and Eauripik Rise areas, while acknowledging ‘that several maritime delimitations [within those areas] remain outstanding’ between PNG and the Federated States of Micronesia and Indonesia. 54 45
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GUIDANCE FOR AUTHORS The Australian
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ISSUE 191 : Jul/Aug - 2013 - Australian Defence Force Journal

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