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Subject: Australia's Foreign Research Vessel Guidelines
(Including Public Vessel Status Guidelines).
Released by the Department of State, Bureau of Oceans and International Environmental
and Scientific Affairs, December 1996.
OES/OA has been advised by our Embassy in Canberra that they have received the following notification of revised guidelines for foreign research vessels operating in Australian waters and/or entering Australian ports. These guidelines replace the 1983 requirements for seeking clearance for marine scientific research in the exclusive economic zone of Australia. The guidelines identify relevant Australian legislation, which may be applicable. Conditions may be imposed on any permission given under the guidelines or under the applicable legislation. The revised guidelines closely follow the articles of the 1982 Convention on the Law of the Sea, and hopefully, will not be difficult to comply with. The stated lead-time requirement is six months. Therefore, it is requested that clearance requests for Australia be submitted to the Department of State at least seven months prior to the proposed start of research, and in compliance with the "UNOLS Handbook for International Operations of U.S. Research Vessels." (Please contact Tom Cocke, tcocke@state.gov, for copies of charts indicating marine jurisdictional zones of Australia and the Great Barrier Reef Region.) ----------------------------------------------------------- N ALA 96/386 The Department of Foreign Affairs and Trade presents its compliments to all Diplomatic Missions in Canberra and has the honor to enclose a revised copy of Australia's Foreign Research Vessel Guidelines (the "Guidelines"). The Guidelines form part of Australia's implementation of the United Nations Convention on the Law of the Sea (UNCLOS) and, in particular, Part XIII of UNCLOS dealing with marine scientific research. The Guidelines set out the procedures for foreign research vessels operating in Australian waters or entering Australian ports. They also identify relevant Australian legislation, which may be applicable. Conditions may be imposed on any permission given under the Guidelines or under applicable legislation. The Department also has the honor to provide additional guidelines in relation to requests for public vessel status. The enclosed Public Vessel Status Guidelines set out the Department's policy on granting public vessel status and relevant information required. The Department avails itself of this opportunity to all Diplomatic Missions in Canberra renew to the assurances of its highest consideration. The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the all Diplomatic Missions in Canberra the assurances of its highest consideration. CANBERRA 6 September 1996 92/013869 ----------------------------------------------------------- Public Vessel Status Guidelines The Department of Foreign Affairs and Trade determines whether or not a vessel enjoys public vessel status. Public vessels include those owned, chartered, temporarily employed, contracted or commissioned by any foreign State, or agency or instrumentality of that State, when such ships are not engaged in any commercial activity. The Department therefore normally grants public vessel status to foreign research vessels entering Australian ports. There are also well established procedures for military vessels. The Department, however, occasionally receives requests for public vessel status from various other types of ships. Such requests will be considered when submitted by the relevant diplomatic mission. Requests from diplomatic missions should include information to show that the vessel meets the requirement for public vessel status, ie that it is government owned or chartered and is not engaged in commercial activities. Other information required is: -- name of vessel -- type of vessel -- port arrival and departure dates -- brief reason for port visit -- crew list (which will be forwarded to the Australian Customs Service) -- name and address of the ship's agent in port (including telephone and fax numbers) If preferred, this information can be provided by the relevant agent, and the Department will be happy to advise such agents when public vessel status is granted. Public vessel status exempts vessels from the Customs requirement to report and clear and pay duties on stores consumed on board the vessel. It does not relieve the vessels of the requirement to comply with other Federal and State legislation, including where relevant the requirement to pay fees, charges and levies. Department of Foreign Affairs and Trade CANBERRA 6 September 1996 ------------------------------------------------------ Foreign Research Vessel Guidelines PREAMBLE The Foreign Research Vessel Guidelines form part of Australia's implementation of the United Nations Convention on the Law of the Sea (UNCLOS), and, in particular, Part XIII of UNCLOS dealing with marine scientific research. The guidelines apply to activities in waters within the Australian territorial sea, exclusive economic zone (EEZ), Australian fishing zone (AFZ) and on the Australian continental shelf (see attached sketch map which is indicative only). The guidelines cover two distinct categories of entry into Australian waters, and intending applicants should ensure their applications are made under the appropriate category: Part 1 (including Part 1A) - Research purposes (including research together with a port call) Part 2 - Port calls. Part 1 and Part 2 set out the procedures for foreign research vessels operating in Australian waters or entering Australian ports. Part 3 provides additional relevant information for foreign Governments and, in particular, it identifies Australian legislation, which may be applicable. Conditions may be imposed on any permission given pursuant to these guidelines or under applicable legislation. Such conditions will be directed towards compliance with these guidelines, the applicable legislation and the treaties and conventions to which Australia is a party. Those conventions include UNCLOS and the Biological Diversity Convention. The conditions may also address commercial benefits which might flow from research in the territorial sea, EEZ, AFZ and on the Australian continental shelf. Where research is being carried out within three nautical miles of Australia's territorial sea baselines, there may also be requirements under the legislation of the adjacent Australian State or Territory. PART 1 INFORMATION IN SUPPORT OF A REQUEST BY A FOREIGN RESEARCH VESSEL TO CONDUCT MARINE SCIENTIFIC RESEARCH WITHIN THE AUSTRALIAN TERRITORIAL SEA, EXCLUSIVE ECONOMIC ZONE, AUSTRALIAN FISHING ZONE AND ON THE AUSTRALIAN CONTINENTAL SHELF (INCLUDING RESEARCH INVOLVING A PORT VISIT) The following information is to be provided six months in advance in support of a request by a foreign research vessel to conduct marine scientific research including seismic and other sub sea floor profiles, in the Australian territorial sea, exclusive economic zone (EEZ), Australian fishing zone (AFZ) and on the Australian continental shelf. These guidelines also apply to any matters relating to access to or use of genetic resources including, in particular, the collection of relatively small samples of biological material of potentially valuable compounds or attributes (including genes, foods and disease resistant plants) for conservation, scientific or commercial purposes. Any amendments to this information are to be submitted for approval two months in advance of the expected starting date of the marine scientific project. (a) A full description of the nature and objectives of the marine scientific research project. This shall include a full description of: (I) the proposed methods and means of the marine scientific research; and (II) the scientific equipment to be used including any submersibles. (b) A full description of the vessel including its means of propulsion, configuration and dimensions. (c) Radio, radar and sonar frequencies, including international call sign and where displayed on vessel. (d) The proposed deployment of equipment and plans for its removal from particular marine scientific research areas. (e) Itinerary of movements in the Australian maritime zones, including; (I) first port of call and full details of any other proposed port visits or landings in Australia or its territories, including proposed dates of entry and departure; and (II) the precise geographical areas in which the marine scientific research activities are to be conducted, and detailed coordinates for marine scientific research stations and a map (or maps) of A4 size to show the proposed itinerary and the area in which the marine scientific research will take place. (f) The name and address of the sponsoring institution as well as: (I) its director and the person aboard the vessel in charge of the marine scientific research project; and (II) the master and owner of the vessel. (g) Details of those Australian scientists, agencies or institutions which will be participating in the research should be included. (The opportunity is to be provided for Australian scientists to participate in the marine scientific research project and Australian scientists should be allowed to board the vessel and inspect the marine scientific research equipment carried.) (h) Proposals to make available to Australia the results, both preliminary and final, of marine scientific research, including those relating to bathymetric, bottom and sub- bottom profiling and other geophysical studies; proposals to provide copies of such data and their format, and to lodge samples of all materials and species collected; proposals to provide an assessment of data, samples and research results or provide assistance in their assessment or interpretation. (i) Details of any relationship between the proposed marine scientific research project and an agreement between Australia and the requesting State. (j) Details of the proposed means of sharing the benefits (including financial benefits), whether immediate or in the longer term from the commercial development of new products and processes derived from the discovery of natural resources in Australian maritime zones. (k) Details of any proposed collecting, sampling, coring, drilling, chemicals, explosives or other manipulation on the Australian continental shelf or in the EEZ. (l) Details of any radioactive or hazardous substances on board and how they are stored. (m) A photograph or line drawing of the vessel. PART 1(A) ADDITIONAL INFORMATION IN SUPPORT OF A REQUEST BY A FOREIGN RESEARCH VESSEL TO CONDUCT MARINE SCIENTIFIC RESEARCH AND HAVE ACCESS TO AUSTRALIAN PORTS The following additional information is to be provided at least six months in advance if a foreign research vessel requesting consent to undertake research in the Australian territorial sea, EEZ, AFZ and on the Australian continental shelf, also requests access to Australian ports. Any amendments to this information are to be submitted for approval no less than two months in advance of the expected starting date of the marine scientific project, including any associated port visit. The information to be provided is additional to the information required pursuant to Part 1. (a) Itinerary of visit to any port or any other landing envisaged in Australia and/or its territories. (b) Actual radio frequencies proposed to be used while the vessel is in port. (c) Names of any scientific organisations or personnel to be contacted in Australia. (d) Full names (using the Latin alphabet), nationality and date and place of birth of all crew and personnel on the vessel. PART 2 INFORMATION IN SUPPORT OF A REQUEST BY A FOREIGN RESEARCH VESSEL FOR ACCESS TO AUSTRALIAN PORTS, WHERE THE FOREIGN RESEARCH VESSEL IS NOT UNDERTAKING RESEARCH IN AUSTRALIA'S MARITIME ZONES. The following information is to be provided at least two months in advance of proposed access to a port or other landing in Australia, including its territories. Any amendments to this information are to be submitted for approval no less than four weeks prior to either the port entry dates previously approved or any changed port entry dates, whichever is the earlier. In the case of research vessels conducting research in the EEZ adjacent to the Australian Antarctic Territory (AAT), this information may be provided by way of a seasonal clearance for several vessels or on a vessel by vessel basis. (a) Full description of vessel including its means of propulsion, configuration and dimensions. (b) Proposed first port of call and full details of any other proposed port visits or landings in Australia or its territories by each vessel, including proposed dates of entry and departure. (c) Radio, radar and sonar frequencies, including (I) international call sign and where displayed on vessel; (II) actual radio frequencies proposed to be used while the vessel is in port. (d) The names and addresses of the owner of the vessel and the name of the vessel's agent and captain. (e) Names of any scientific organisations or personnel to be contacted in Australia. (f) Full names (using the Latin alphabet), nationality and date and place of birth of all crew and personnel on the vessel. (g) A photograph or line drawing of the vessel. (h) The ocean areas or co-ordinates of where the research is to be, or has been, conducted. (i) The type of research the boat is equipped to undertake and the equipment used for collection of samples and data. (j) Details of any radioactive or hazardous substances on board and how they are stored. PART 3 ADDITIONAL INFORMATION TO BE GIVEN TO FOREIGN GOVERNMENTS (a) Consideration of requests for permission to undertake marine scientific research proposed within the Australian territorial sea, Australian fishing zone (AFZ), exclusive economic zone (EEZ), or on the Australian continental shelf is conditional upon an offer to permit participation by Australian scientists, agencies or institutions in, and access to the results of such research. (b) All research vessels coming into Australian ports or the Australian territorial sea must comply with relevant Australian quarantine and health, immigration, environmental, conservation and customs laws and regulations. For vessels making port calls or landings, this includes normal crew documentation and identity documents, for all passengers including scientific personnel. The Captain of the vessel, in accordance with established practice, is to inform local Immigration authorities should any crew member abscond or become absent without leave while the vessel is in an Australian port. Freight and baggage are subject to quarantine and customs regulations. (c) Vessels for which approval is given to conduct marine scientific research or to enter an Australian port shall comply with the Australian Ship Reporting System (AUSREP). The vessel shall also report the following details to the Maritime Rescue Co-ordination Centre within the stated time frames: (I) sailing plan 24 hours prior to entering the AUSREP area; (II) position report every 24 hours while in the AUSREP area at a time to be determined; (III) intention to enter port - 36 hours in advance (except in emergency); and (IV) intention to leave the AUSREP area - 24 hours in advance: (d) Vessels shall display their international radio call sign at all times unobscured in a position on the vessel where it would be clearly visible from the sea or the air. The call sign is to be displayed in either white on black or vice versa or black on international safety yellow: (I) for vessels in excess of 20 metres, in letters/figures one metre high with a stroke width of 125 millimetres; (II) for vessels less than 20 metres in length, in letters/figures 50 centimetres high with a stroke width of 62.5 millimetres. (e) All foreign research vessels, including fisheries research vessels, within the Australian Fishing Zone, designed or equipped to take, process or carry fish or intending to take, process or carry fish or wishing to search for and take certain sedentary organisms on and/or from the Australian continental shelf, are required to apply for and obtain scientific research permits under the Fisheries Management Act 1991. Applications for permits should be made to the Australian Fisheries Management Authority. It should be noted that certain conditions may apply to the granting of such permits. (f) Foreign research vessels conducting marine geoscientific research of a type that is relevant to petroleum and mineral exploration in Australia's maritime zone will be required to comply with the provisions for scientific investigations as set out in the Petroleum (Submerged lands) Act 1967 or the Offshore Minerals Act 1994. Any application for an "instrument of consent", or "special purpose consent" to carry out such scientific investigations should be made to the Department of Primary Industries and Energy which will arrange for the application to be considered by the relevant authority. It should be noted that certain conditions may apply to the granting of such permits. (g) Operators of foreign research vessels wishing to erect scientific research installations or equipment used wholly for the exploration for or research on hydrocarbons on the Australian continental shelf are required to hold a permit issued under the Petroleum (Submerged Lands) Act 1967. Applications for permits should be made to the Department of Primary Industries and Energy which will arrange for the relevant State or Territory Minister to issue such a license. It should be noted that certain conditions may apply to the granting of such licenses. (h) It is illegal to conduct research in a marine park, marine national nature reserve or other park, reserve or protected area established under the National Parks and Wildlife Conservation Act 1975, without a permit to do so from the Director of National Parks and Wildlife. The Director may grant permission only if to do so is in accord with the Director's responsibilities to protect the park or reserve and its plants and animals and to abide by the plan of management for the park or reserve. Pelagic marine algae, sea snakes, pinnipeds and birds are protected species under the National Parks and Wildlife Regulations and may not be taken or killed unless a permit has been issued by the Director of National Parks and Wildlife. The Director may issue a permit allowing a specimen of a protected species to be taken only if the purpose of the activity is scientific research on, educational study of, or non-commercial propagation of that species and, in addition, the activity is not likely to affect adversely the population to which the specimen belongs. Persons wishing to enter or conduct research in marine parks and reserves within three nautical miles of the territorial sea baseline of Australia or coastal islands must contact the appropriate State or Territory park management or fisheries authority for advice on requirements. (i) Under the Wildlife Protection (Regulation of Exports and Imports) Act 1982, specimens of Australian native fauna and flora may not be taken out of Australia for the purposes of scientific research without a permit from the designated authority under the Act (currently the Director of National Parks and Wildlife). This Act applies to marine organisms other than fish and fauna listed in Schedule 4 to the Act, which includes some species of commercially harvested molluscs and crustaceans. (j) Under the Whale Protection Act 1980 it is an offense to kill, take, injure or interfere with any cetacean. Under this Act it is possible, however, for the masters of foreign research vessels to apply to the Director of National Parks and Wildlife for a permit to do, for specified purposes, a specified act or acts constituting interference with whales or dolphins. The Act provides for severe penalties, including forfeiture of the vessel, for breaches of its provisions. The Act specifies that port access by any foreign whaling vessel requires special ministerial permission. (k) Persons aboard all research vessels may be requested to record sightings of cetaceans and marine turtles in Australian waters, and to provide the information to the Australian Nature Conservation Agency at the completion of the cruise. (l) Persons wishing to undertake marine scientific research and other activities, including passage other than through recognized shipping channels within the Great Barrier Reef Marine Park (the boundaries of which lie within the parallel of l0 degrees 4l minutes S to meridian 145 degrees 00 minutes E, thence southerly along the meridian to parallel 13 degrees 00 minutes S, thence south- easterly along the geodesic to a point of l5 degrees 00 minutes S 146 degrees 00 minutes E, thence south-easterly to a point l7 degrees 30 minutes S 147 degrees 00 minutes E, thence south-easterly to a point 2l degrees 00 minutes S 152 degrees 55 minutes E, thence south-easterly to a point 24 degrees 30 minutes S 154 degrees 00 minutes E, thence along the parallel of 24 degrees 30 minutes S to the Australian coastline, see attached map), may be required to hold a permit issued under the Great Barrier Reef Marine Park Act 1975. Applications for permits should be made to the Great Barrier Reef Marine Park Authority. Applications for permits to undertake marine scientific research within the Great Barrier Reef Marine Park should specify the reasons why such research needs to be undertaken within the Marine Park. Persons undertaking marine scientific research and other activities within the Great Barrier Reef Marine Park for which approval has been given shall comply with the conditions of the written permission supplied by the Great Barrier Reef Marine Park Authority. Restrictions apply to the conduct of certain research activities at certain locations. (m) Operators of foreign research vessels wishing to erect scientific research installations or equipment (other than scientific research installations or equipment used for exploration for hydrocarbons or hard minerals) on the Australian continental shelf or in the EEZ may be required to hold a permit issued under the Sea Installations Act 1987. Operators of foreign research vessels should therefore contact the Department of the Environment, Sport and Territories on this matter prior to any proposed erection of such scientific research installations or equipment. ADDRESSES AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY 28 National Circuit FORREST ACT 2603 DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY Edmund Barton Building GPO Box 858 CANBERRA ACT 2601 Coal and Minerals Division Resources and Energy Group Department of Primary Industries and Energy GPO Box 858 CANBERRA ACT 2600 Petroleum and Fisheries Policy Division Resources and Energy Group Department of Primary Industries and Energy GPO Box 858 CANBERRA ACT 2600 AUSTRALIAN NATURE CONSERVATION AGENCY GPO Box 636 CANBERRA CITY ACT 2601 GREAT BARRIER REEF MARINE PARK AUTHORITY GPO Box 791 CANBERRA ACT 2601 or P0 Box 1379 TOWNSVILLE QLD 4810 DEPARTMENT OF THE ENVIRONMENT, SPORT AND TERRITORIES GPO Box 787 CANBERRA CITY ACT 2601 [end of document]
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