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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

Category: Agreement
Date: 15 February 1985
Sub Category:Treaty (International)
Subject Matter:Cultural Heritage | Marine | Environmental Heritage
Summary Information:
The Treaty is made between the governments of Australia and the Independent State of Papua New Guinea. Article 19 of the Treaty provides for the establishment of a Torres Strait Joint Advisory Council (the Council). The Council is comprised of 9 persons from each country, of which at least three must be representatives of the traditional inhabitants.
Detailed Information:
The Council has the following functions:

' (a) to seek solutions to problems arising at the local level and not resolved pursuant to Article 18 of this Treaty;
(b) to consider and to make recommendations to the Parties on any developments or proposals which might affect the protection of the traditional way of life and livelihood of the traditional inhabitants, their free movement, performance of traditional activities and exercise of traditional customary rights as provided for in this Treaty; and
(c) to review from time to time as necessary, and to report and to make recommendations to the Parties on, any matters relevant to the effective implementation of this Treaty, including the provisions relating to the protection and preservation of the marine environment, and fauna and flora, in and in the vicinity of the Protected Zone.'
(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 online at http://www.austlii.edu.au/cgi-bin/disp.pl/au/other/dfat/treaties/1985/4.html?query=title+%28+papua+and+new+and+guinea+%29 (at 6 July 2004)).

In exercising its functions, the Advisory Council must ensure that it consults with the traditional inhabitants and that they are given adequate opportunity to comment on matters of concern to them.

The Advisory Council reports to the Foreign Ministers of each country.

Related Entries

Agreement
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  • Saibai People v State of Queensland [1999] FCA 158 (12 February 1999)
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  • Warria on behalf of the Kulkalgal v State of Queensland [2004] FCA 1572 (7 December 2004)
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  • Stephen on behalf of the Ugar People v State of Queensland [2004] FCA 157
  • Jack Billy on behalf of the Poruma People v State of Queensland and Ors [2005] FCA 1115 (15 August 2005)
  • Nona and Ors on behalf of the Saibai, Dauan, Mabuiag, Badu and Boigu Peoples v State of Queensland [2005] FCA 1118 (15 August 2005)
  • Thaiday and Ors on behalf of the Warraber, Poruma and Iama Peoples v State of Queensland and Ors [2005] FCA 1116 (15 August 2005)
  • Lota Warria on behalf of the Poruma and Masig Peoples v State of Queensland and Ors [2005] FCA 1117 (15 August 2005)

  • References

    Resource
    Conmonwealth of Australia (1995) 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

    Glossary

    Treaty

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