Torres Strait Fisheries Act 1984 (Qld)

Torres Strait Fisheries Act 1984 An Act to promote the good order, management, development and welfare of the fishing industry, to provide for the protection, conservation and management of the fisheries resources and to implement the provisions of the Torres Strait Treaty in the Torres Strait area and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Torres Strait Fisheries Act 1984. 2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as prescribed in subsection (1), the provisions of this Act shall commence on the date on which the Torres Strait Fisheries Act 1984 (Cwlth) comes into operation. 3 [Repealed] 4 Application of Act (1) The provisions of this Act apply, to the extent prescribed in this section, only in the following areas— (a) in connection with activities within the Protected Zone; (b) within an area adjacent to the Protected Zone in relation to which there is in force at any time a proclamation under section 15(1) or (2) of the Commonwealth Act in connection with activities specified in the proclamation. (2) The areas of application are in this Act collectively referred to as the Torres Strait area. 5Fisheries Act 1994 does not apply The Fisheries Act 1994 does not apply to the taking (as defined in that Act) of fish for purposes of a fishery within the Torres Strait area managed in accordance with Commonwealth law under an arrangement under Part 3. 6 Interpretation (1) In this Act— commercial fishing means fishing for commercial purposes, but does not include traditional fishing. Commonwealth Act means the Torres Strait Fisheries Act 1984 (Cwlth). community fishing means commercial fishing carried on by— (a) a person who is, or 2 or more persons each of whom is— (i) both a traditional inhabitant and an Australian citizen; and (ii) not, in the course of that fishing, under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of another person who is not both an Australian citizen and a traditional inhabitant; or (b) a person or persons of the description prescribed by paragraph (a) and another person or other persons in the service of— (i) the first mentioned person or persons; or (ii) the State, the Commonwealth, or an authority of the State or the Commonwealth, to provide the first mentioned person or persons with training or advice in relation to fishing techniques. inspector means an inspector under the Fisheries Act 1994. Protected Zone means the area the boundaries of which are described in Annex 9 of the Torres Strait Treaty, and includes— (a) for anything done for the purposes of commercial fishing—any area that is— (i) adjacent to the first mentioned area; and (ii) to the north of the line described in Annex 5 to the Torres Strait Treaty; and (iii) under the laws of Papua New Guinea, declared to be an area that is outside but near the Protected Zone for the purposes of commercial fishing; and (b) for anything done for the purposes of traditional fishing—any other area that is— (i) adjacent to the first mentioned area; and (ii) to the north of the line described in Annex 5 to the Torres Strait Treaty; and (iii) under the laws of Papua New Guinea, declared to be an area that is in the vicinity of the Protected Zone for the purposes of traditional fishing. Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978, being the treaty a copy of which is set out in the Schedule. traditional fishing has the same meaning as in the Torres Strait Treaty, but does not include fishing by a method, or with the use of equipment or a vessel, of a kind specified in a notice in force under section 3(2) of the Commonwealth Act. traditional inhabitants has, subject to subsection (2), the same meaning as in the Torres Strait Treaty. (2) For the purposes of this Act— (a) the reference in the definition traditional inhabitants in Article 1 of the Torres Strait Treaty to the adjacent coastal area of Australia shall be read as a reference to any areas adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty that is declared pursuant to section 3(3) of the Commonwealth Act to be part of the adjacent coastal area of Australia; and (b) the reference in that definition in that Article to the adjacent coastal area of Papua New Guinea shall be read as a reference to any area adjacent to the Protected Zone and to the north of the line description in Annex 5 to the Torres Strait Treaty that is declared pursuant to section 3(3) of the Commonwealth Act to be part of the adjacent coastal area of Papua New Guinea. (3) For the purposes of this Act, the Protected Zone coastal waters of Queensland are— (a) the parts of the territorial sea of Australia that are adjacent to Queensland and are— (i) in the Protected Zone; or (ii) in an area in respect of which a proclamation is in force under section 15(1) or (2) of the Commonwealth Act; other than any part referred to in subsection (4); and (b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia referred to in paragraph (a) but are not within the limits of Queensland. (4) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the Protected Zone coastal waters of Queensland do not include, for the purposes of this Act, any part of the territorial sea of Australia that would not be within the limits of that territorial sea if that territorial sea had continued to be 3 nautical miles. Part 2 Administration 7 Objectives to be pursued In the administration of this Act, the Minister shall have regard to the rights and obligations conferred on Australia by the Torres Strait Treaty and in particular to the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing. 8 Endorsements of licences Where a person holds a licence which bears a current endorsement pursuant to the provisions of section 20 of the Commonwealth Act the person shall, for the purposes of this Act and the Fisheries Act 1994 be deemed to hold a licence of a similar kind under the law of the State. 9 [Repealed] Part 3 Commonwealth–State management of fisheries 10 Definitions (1) In this Part— arrangement means an arrangement made by the State with the Commonwealth under this Part. Australian boat has the same meaning as in the Commonwealth Act. boat has the same meaning as in the Commonwealth Act. Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister exercising powers and performing functions pursuant to section 29 of the Commonwealth Act. fishery has the meaning given by section 10A. foreign boat has the same meaning as in the Commonwealth Act. Protected Zone Joint Authority or the Joint Authority in relation to the State has the same meaning as in the Commonwealth Act. Protected Zone Joint Authority fishery means a fishery in respect of which there is in force an arrangement by which the fishery is to be under the management of the Protected Zone Joint Authority. waters adjacent to Queensland has the same meaning as in the Commonwealth Act. 10A Meaning of fishery Fishery includes activities by way of fishing— (a) identified in an arrangement under this Part as a fishery to which the arrangement applies; and (b) specified by reference to all or any of the following— (i) a species or type of fish; (ii) a description of fish by reference to sex or another characteristic; (iii) an area of waters or seabed; (iv) a way of fishing; (v) a type of boat; (vi) a class of person; (vii) the purpose of an activity. 11 Powers and functions of Minister (1) The Minister may exercise any power and perform any function conferred on the Minister by Part 5 of the Commonwealth Act, including any power or function of the Minister as a member of the Joint Authority. (2) Where, in the exercise of the power conferred on the Minister by Part 5 of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise the powers and perform the functions conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister. 12 Judicial notice All courts and persons acting judicially shall take judicial notice of the signature of a person who is or has been a member of the Joint Authority or a deputy of a member of the Joint Authority and of the fact that the person is, or was at a particular time, such a member or deputy. 13 Functions of Joint Authority The Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force as are conferred on it by the law in accordance with which, pursuant to the arrangement, the fishery is to be managed. 14 Delegation (1) The Joint Authority may delegate its powers to— (a) the chief executive, a local government or an entity prescribed under a regulation (a prescribed entity); or (b) an officer or employee of the public service; or (c) an officer, employee or member of a local government or prescribed entity; or (d) an officer or employee of the Commonwealth. (2) A delegation of a power to the chief executive, a local government, a prescribed entity, or an officer or employee of the Commonwealth, may permit the subdelegation of the power. (3) In this section— entity includes an entity established under the law of the Commonwealth. 15 Procedure of Joint Authority (1) The provisions of section 40(1) to (8) of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act. (2) A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or the Commonwealth Minister's deputy, who took part in or made the decision is evidence that the decision, as recorded, was duly made. (3) In proceedings in any court, an instrument or other document signed on behalf of the Joint Authority by a member of the Joint Authority shall be deemed to have been duly executed by the Joint Authority and, unless the contrary is proved, shall be deemed to be in accordance with a decision of the Joint Authority. 16 Report of Joint Authority The Minister shall cause a copy of a report of the Joint Authority prepared under section 41 of the Commonwealth Act to be laid before the Legislative Assembly as soon as is practicable after preparation of the report. 17 Arrangement for management of certain fisheries (1) The State may, in accordance with section 32 of the Commonwealth Act, make an arrangement referred to in section 31 of that Act for the management of a particular fishery. (2) An arrangement may be terminated as provided by the Commonwealth Act. (3) After an arrangement has been made but before the arrangement takes effect, licences, endorsements and other instruments may be issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by the arrangement, as if the arrangement has taken effect, but such a licence, endorsement, instrument or regulation does not have effect before the arrangement takes effect. (4) Upon the termination of an arrangement, licences, endorsements and other instruments issued, renewed, made or executed, and regulations made for the purposes of the operation of this Act as affected by the arrangement cease to have effect. (5) After action for the purpose of the termination of an arrangement has been taken, but before the termination takes effect, licences, endorsements and other instruments may be issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act and the Fisheries Act 1994 as affected by the termination of the arrangement, as if the arrangement had been terminated, but such a licence, endorsement, instrument or regulation does not have effect before the termination of the arrangement takes effect. 18 Application of this Act to fisheries in accordance with arrangements Where there is in force an arrangement under this Part that provides that a particular fishery is to be managed in accordance with the law of Queensland, then in waters that are beyond the outer limits of the Protected Zone coastal waters of Queensland, the Fisheries Act 1994 does not apply to such a fishery— (a) in a case where the fishery is to be managed by the Protected Zone Joint Authority—in relation to foreign boats, operations on and from foreign boats and matters that occurred before the arrangement took effect; or (b) in a case where the fishery is to be managed by Queensland—in relation to boats (other than Australian boats), operations on and from boats of that kind and matters that occurred before the arrangement took effect. 19 Further functions of Joint Authority Where, in respect of a fishery, there is in force an arrangement under which the Joint Authority has the management of the fishery and the fishery is to be managed in accordance with the law of the State, the Joint Authority has the functions of keeping constantly under consideration the condition of the fishery, formulating policies and plans for the good management of the fishery and, for the purposes of the management of the fishery, exercising the powers conferred on it by this Act and cooperating and consulting with other authorities in matters of common concern. 20 Joint Authority to exercise certain powers instead of Minister etc. (1) Save as provided in this section, an authority issued, amended, endorsed or renewed under the Fisheries Act 1994 otherwise than by virtue of this section does not authorise the doing of any act or thing in or in relation to a Protected Zone Joint Authority fishery. (2) In respect of a Protected Zone Joint Authority fishery that is to be managed in accordance with the law of the State, the powers conferred on the Minister or any other person by or under the Fisheries Act 1994 (including powers with respect to the issue, renewal, cancellation and suspension of authorities) are exercisable by the Joint Authority instead of the Minister or such other person and are so exercisable as if references in the relevant provisions to the Minister, and to any person authorised to exercise a power, were references to the Joint Authority. (3) An authority issued by the Joint Authority shall be so limited that it applies only in relation to a Joint Authority fishery, or Joint Authority fisheries. (4) The Joint Authority may, by endorsement on the authority concerned, designate an authority issued under the Fisheries Act 1994 (including an authority issued by the Joint Authority) to extend the operation of the authority to matters to which the licensing powers of the Joint Authority under this Act are applicable and where such a designation is made— (a) the designation ceases to have effect if the authority ceases to have effect; and (b) the Joint Authority may suspend or cancel the designation as if it were an authority issued by the Joint Authority. (5) Subject to the Governor in Council exercising a power conferred on the Governor in Council by section 22(1)(b) or (c) in respect thereof, where, at a time a fishery becomes a Joint Authority fishery, a regulation or other instrument made or issued under the Fisheries Act 1994, would, apart from this subsection, apply to the fishery, the regulation or other instrument ceases to apply to the fishery. (6) This section does not empower the Joint Authority to issue, or to take other action in respect of, a authority in respect of a foreign boat or to designate such a authority pursuant to subsection (4). 21 Presumption relating to certain statements A statement in an arrangement to the effect that specified waters are waters adjacent to the State shall, for the purposes of this Act, be conclusively presumed to be correct. 22 Regulations and notices (1) Where the Joint Authority is to manage a fishery in accordance with the law of the State, the Governor in Council may, for the purpose of giving effect to a decision of the Joint Authority— (a) make regulations for the management of the fishery; or (b) make a regulation applying to the fishery a regulation made otherwise than pursuant to this section; or (c) amend a regulation made otherwise than pursuant to this section so that it is expressed to apply to the fishery, whether or not it also applies to any other fishery. (2) The power conferred by an enactment other than subsection (1) on the Governor in Council to make a regulation in respect of any fishery does not extend to making a regulation in respect of a fishery managed or to be managed by the Joint Authority or to amend a regulation so that it applies to such a fishery. (3) Where a regulation affecting a fishery that is to be managed by the Joint Authority is expressed to be made pursuant to this section, it shall be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority. Part 4 Miscellaneous 23 Authority to State officials to enforce Commonwealth law Where pursuant to an arrangement made under Part 3 a Joint Authority fishery in waters adjacent to Queensland is to be managed in accordance with the law of the Commonwealth, the chief executive and every inspector is hereby authorised to discharge and exercise, in respect of the fishery to which the arrangement relates, the functions, duties and powers which are conferred on them by the Commonwealth Act. 24 Regulation making power The Governor in Council may make regulations under this Act, including a regulation to implement the provisions of the Torres Strait Treaty in the Torres Strait area. Schedule Torres Strait Treaty Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the two countries, including the area known as Torres Strait, and related matters AUSTRALIA and PAPUA NEW GUINEA, DESIRING to set down their agreed position as to their respective sovereignty over certain islands, to establish maritime boundaries and to provide for certain other related matters, in the area between the two countries including the area known as Torres Strait; RECOGNISING the importance of protecting the traditional way of life and livelihood of Australians who are Torres Strait Islanders and of Papua New Guineans who live in the coastal area of Papua New Guinea in and adjacent to the Torres Strait; RECOGNISING ALSO the importance of protecting the marine environment and ensuring freedom of navigation and overflight for each other's vessels and aircraft in the Torres Strait area; DESIRING ALSO to cooperate with one another in that area in the conservation, management and sharing of fisheries resources and in regulating the exploration and exploitation of seabed mineral resources; As good neighbours and in a spirit of cooperation, friendship and goodwill; HAVE AGREED as follows:— Part 1 Definitions Article 1 Definitions 1 In this Treaty— (a) "adjacent coastal area" means, in relation to Australia, the coastal area of the Australian mainland, and the Australian islands, near the Protected Zone; and, in relation to Papua New Guinea, the coastal area of the Papua New Guinea mainland, and the Papua New Guinea islands, near the Protected Zone; (b) "fisheries jurisdiction" means sovereign rights for the purpose of exploring and exploiting, conserving and managing fisheries resources other than sedentary species; (c) "fisheries resources" means all living natural resources of the sea and seabed, including all swimming and sedentary species; (d) "free movement" means movement by the traditional inhabitants for or in the course of traditional activities; (e) "indigenous fauna and flora" includes migratory fauna; (f) "mile" means an international nautical mile being 1,852 metres in length; (g) "Protected Zone" means the zone established under Article 10; (h) "Protected Zone commercial fisheries" means the fisheries resources of present or potential commercial significance within the Protected Zone and, where a stock of such resources belongs substantially to the Protected Zone but extends into an area outside but near it, the part of that stock found in that area within such limits as are agreed from time to time by the responsible authorities of the Parties; (i) "seabed jurisdiction" means sovereign rights over the continental shelf in accordance with international law, and includes jurisdiction over low-tide elevations, and the right to exercise such jurisdiction in respect of those elevations, in accordance with international law; (j) "sedentary species" means living organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil; (k) "traditional activities" means activities performed by the traditional inhabitants in accordance with local tradition, and includes, when so performed— (i) activities on land, including gardening, collection of food and hunting; (ii) activities on water, including traditional fishing; (iii) religious and secular ceremonies or gatherings for social purposes, for example, marriage celebrations and settlement of disputes; and (iv) barter and market trade. In the application of this definition, except in relation to activities of a commercial nature, "traditional" shall be interpreted liberally and in the light of prevailing custom; (l) "traditional fishing" means the taking, by traditional inhabitants for their own or their dependants' consumption or for use in the course of other traditional activities, of the living natural resources of the sea, seabed, estuaries and coastal tidal areas, including dugong and turtle; (m) "traditional inhabitants" means, in relation to Australia, persons who— (i) are Torres Strait Islanders who live in the Protected Zone or the adjacent coastal area of Australia, (ii) are citizens of Australia, and (iii) maintain traditional customary associations with areas or features in or in the vicinity of the Protected Zone in relation to their subsistence or livelihood or social, cultural or religious activities; and in relation to Papua New Guinea, persons who— (i) live in the Protected Zone or the adjacent coastal area of Papua New Guinea, (ii) are citizens of Papua New Guinea, and (iii) maintain traditional customary associations with areas or features in or in the vicinity of the Protected Zone in relation to their subsistence or livelihood or social, cultural or religious activities. 2 Where for the purposes of this Treaty it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to the Australian Geodetic Datum, that is to say, by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,160 metres and a flattening of 100/29825 and by reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia. That station shall be taken to be situated at Latitude 25°56'54.5515" South and at Longitude 133°12'30.0771" East and to have a ground level of 571.2 metres above the spheroid referred to above. 3 In this Treaty, the expression "in and in the vicinity of the Protected Zone" describes an area the outer limits of which might vary according to the context in which the expression is used. Part 2 Sovereignty and jurisdiction Article 2 Sovereignty Over Islands 1 Papua New Guinea recognises the sovereignty of Australia over— (a) the islands known as Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island, Turnagain Island and Turu Cay; and (b) all islands that lie between the mainlands of the two countries and south of the line referred to in paragraph 1 of Article 4 of this Treaty. 2 No island over which Australia has sovereignty, other than those specified in sub-paragraph 1(a) of this Article, lies north of the line referred to in paragraph 1 of Article 4 of this Treaty. 3 Australia recognises the sovereignty of Papua New Guinea over— (a) the islands known as Kawa Island, Mata Kawa Island and Kussa Island; and (b) all the other islands that lie between the mainlands of the two countries and north of the line referred to in paragraph 1 of Article 4 of this Treaty, other than the islands specified in sub-paragraph 1(a) of this Article. 4 In this Treaty, sovereignty over an island shall include sovereignty over— (a) its territorial sea; (b) the airspace above the island and its territorial sea; (c) the seabed beneath its territorial sea and the subsoil thereof; and (d) any island, rock or low-tide elevation that may lie within its territorial sea. Article 3 Territorial Seas 1 The territorial sea boundaries between the islands of Aubusi, Boigu and Moimi and Papua New Guinea and the islands of Dauan, Kaumag and Saibai and Papua New Guinea shall be the lines described in Annex 1 to this Treaty, which are shown on the map annexed to this Treaty as Annex 2, together with such other portion of the outer limit of the territorial sea of Saibai described in Annex 3 to this Treaty that may abut the territorial sea of Papua New Guinea. 2 The territorial seas of the islands specified in sub-paragraph 1(a) of Article 2 of this Treaty shall not extend beyond three miles from the baselines from which the breadth of the territorial sea around each island is measured. Those territorial seas shall not be enlarged or reduced, even if there were to be any change in the configuration of a coastline or a different result from any further survey. 3 The provisions of paragraph 2 of this Article shall not apply to that part of the territorial sea of Pearce Cay which lies south of the line referred to in paragraph 1 of Article 4 of this Treaty. 4 The outer limits of the territorial seas of the islands specified in sub-paragraph 1(a) of Article 2 of this Treaty, except in respect of that part of the territorial sea of Pearce Cay which lies south of the line referred to in paragraph 1 of Article 4 of this Treaty, shall be as described in Annex 3 to this Treaty. The limits so described are shown on the maps annexed to this Treaty as Annexes 2 and 4. 5 Australia shall not extend its territorial sea northwards across the line referred to in paragraph 1 of Article 4 of this Treaty. 6 Papua New Guinea shall not— (a) extend its territorial sea off its southern coastline between the meridians of Longitude 142°03'30" East and of Longitude 142°51'00" East, beyond three miles from the baselines from which the breadth of the territorial sea is measured; (b) extend its territorial sea of archipelagic waters into the area bounded by that portion of the line referred to in paragraph 2 of Article 4 of this Treaty running from the point of Latitude 9°45'24" South, Longitude 142°03'30" East to the point of Latitude 9°40'30" South, Longitude 142°51'00" East and that portion of the line referred to in paragraph 1 of Article 4 of this Treaty which runs between those two points; (c) establish an archipelagic baseline running in or through the area referred to in sub-paragraph (b) of this paragraph; or (d) extend its territorial sea southwards across the line referred to in paragraph 1 of Article 4 of this Treaty. Article 4 Maritime Jurisdiction 1 Subject to the provisions of Article 2 of this Treaty, the boundary between the area of seabed and subsoil that is adjacent to and appertains to Australia and the area of seabed and subsoil that is adjacent to and appertains to Papua New Guinea, and over which Australia and Papua New Guinea respectively shall have seabed jurisdiction, shall be the line described in Annex 5 to this Treaty. The line so described is shown on the map annexed to this Treaty as Annex 6 and, in part, on the map annexed to this Treaty as Annex 7. 2 Subject to the provisions of Article 2 of this Treaty, the boundary between the area of sea that is adjacent to and appertains to Australia and the area of sea that is adjacent to and appertains to Papua New Guinea, and in which Australia and Papua New Guinea respectively shall have fisheries jurisdiction, shall be the line described in Annex 8 to this Treaty. The line so described is shown on the map annexed to this Treaty as Annex 6 and, in part, on the maps annexed to this Treaty as Annexes 2 and 7. 3 In relation to the area bounded by the portion of the line referred to in paragraph 2 of this Article running from the point of Latitude 9°45'24" South, Longitude 142°03'30" East to the point of Latitude 9°40'30" South, Longitude 142°51'00" East and that portion of the line referred to in paragraph 1 of this Article which runs between those two points, exclusive of the territorial seas of the islands of Aubusi, Boigu, Dauan, Kaumag, Moimi, Saibai and Turnagain— (a) neither Party shall exercise residual jurisdiction without the concurrence of the other Party; and (b) the Parties shall consult with a view to reaching agreement on the most effective method of application of measures involving the exercise of residual jurisdiction. 4 In paragraph 3 of this Article, "residual jurisdiction" means— (a) jurisdiction over the area other than seabed jurisdiction or fisheries jurisdiction, including jurisdiction other than seabed jurisdiction or fisheries jurisdiction insofar as it relates to inter alia: (i) the preservation of the marine environment; (ii) marine scientific research; and (iii) the production of energy from the water, currents and winds; and (b) seabed and fisheries jurisdiction to the extent that the exercise of such jurisdiction is not directly related to the exploration or exploitation of resources or to the prohibition of, or refusal to authorise, activities subject to that jurisdiction. Part 3 Sovereignty and jurisdiction-related matters Article 5 Existing Petroleum Permit 1 Where prior to 16 September 1975 Australia has granted an exploration permit for petroleum under Australian law in respect of a part of the seabed over which it ceases by virtue of this Treaty to exercise sovereign rights, and a permittee retains rights in respect of that permit immediately prior to the entry into force of this Treaty, Papua New Guinea, upon application by that permittee, shall offer to that permittee a petroleum prospecting licence or licences under Papua New Guinea law in respect of the same part of the seabed on terms that are not less favourable than those provided under Papua New Guinea law to any other holder of a seabed petroleum prospecting licence. 2 An application for a licence under paragraph 1 of this Article shall be made— (a) in resp