raptis And Son v. State Of South Australia

Abstract

States as international persons — Composite and dependent States and territories — Unions of States — Federal States and confederations — Australia — Delimitation of waters of South Australia for purpose of fisheries jurisdiction — Seizure of catch of fish in Investigator Strait in waters more than three miles from shore — Whether within Commonwealth or State jurisdiction — Fisheries Act 1952 (Commonwealth) — Fisheries Act 1971 (South Australia) — Consistency of State Act with Commonwealth Act — The law of Australia

State territory — Parts of — Territorial waters — Jurisdiction in the maritime belt — Australia — Seizure of catch of fish in waters more than three miles from shore of South Australia — Whether unlawful — Whether Commonwealth Fisheries Act or State legislation applicable — The law of Australia

State territory — Parts of — Straits — Investigator Strait off South Australia — Whether waters part of high seas or internal waters of South Australia — Whether part of Spencer's Gulf or St Vincent's Gulf — The law of Australia

State territory — Parts of — Bays — Delimitation of territorial waters of South Australia — Meaning of expression ‘gulfs and bays’ in historical documents defining limits of State — Whether necessary to distinguish between gulfs and bays — Meaning of both terms — Whether Strait off coast of South Australia a bay — Historic bays — Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958, Article 7(6) — The law of Australia

Jurisdiction — In general — Territorial — Fisheries — Seizure of catch of fish in Investigator Strait in waters more than three miles from shore — Whether unlawful — Whether area within jurisdiction of Commonwealth or State — Fisheries Act 1952 (Commonwealth)-Fisheries Act 1971 (South Australia) — Whether inconsistent — The law of Australia

State territory — Parts of — Territorial waters — Breadth and delimitation of the maritime belt — Base lines — Islands — Gulfs — Bays — Distinction between gulfs and bays — Delimitation of waters of South Australia for purposes of fisheries jurisdiction — Imperial statute of 1836 and Letters Patent of 1836 — Meaning of expression ‘gulfs and bays’ used therein — Whether rules of international law relevant to construction of these provisions — Geneva Convention on the Territorial Sea and Contiguous Zone, 1958 — Use of straight base lines — Whether waters of St Vincent's Gulf and Spencer's Gulf part of South Australia — Investigator Strait — Whether islands adjacent to entrances of gulfs constitute part of gulfs — Historic bays — Whether South Australia entitled to legislate in respect of fishing in Investigator Strait — Whether a Commonwealth matter — The law of Australia