Australian Maritime Law Update: 2007 General Maritime issues

he background arguments are that under the Antarctic Treaty 19593 the parties agreed they would not make any new claim or enlarge any existing claim to territorial sovereignty.4 When UNCLOS5 entered into force in 1994 Australia, as was provided under that convention, claimed its EEZ offshore from all of its shores, but it also included the contentious claim off the Australian Antarctic Territory ie some 200 nautical miles into the Southern Ocean.6 Only four countries have recognized this claim, all of them being Antarctic territory countries that have made similar claims themselves.7 It followed from this claim to these EEZ waters that Australian law that prescribed whaling in them, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), created an Australian Whale Sanctuary (AWS) in the EEZ8 and made it an offence to kill, injure, take or be in possession of whales.9 There is also the issue that the International Whaling Commission (IWC) adopted the Southern Ocean Sanctuary in 1994, which provided protection for all whales from commercial whaling.10 The sanctuary is designed to allow the natural restoration of whale numbers that have been damaged by many years of commercial whaling with some whale populations becoming endangered.\n After many vicissitudes and with great skill Svitzer personnel managed to get the vessel off the shore and in due course it sailed for repairs. Further reports are expected from the Australian Transport Safety Bureau and a report commissioned by the NSW government from a former premier to investigate the port and rail deficiencies that led to this situation.97 E. The Famous 'Queen'Cruise Liners In February 2007 Sydney harbour was the scene for huge crowds that lined the foreshores and blocked the traffic to welcome the two ships, the Queen Elizabeth 2 on her penultimate visit to that city and, at the same time, also to welcome the newly built Queen Mary 2 on her maiden visit