Chiou Yaou Fa v. Morris

Title: Chiou Yaou Fa v. Morris

Description:

164Sea — Continental shelf — Continental shelf common to two countries — UN Convention on the Law of the Sea, 1982 — Appellant convicted for fishing in Australian Fishing Zone — Maritime boundaries between Australia and Indonesia — Coastlines less than 400 miles apart — Territorial limits of Commonwealth of Australia — Memorandum of Understanding between Australia and Indonesia concerning the implementation of a Provisional Fisheries Surveillance and Enforcement line, 29 October 1981 — Proclamation defining northern boundary of Australian Fishing Zone, 26 September 1979 — Fisheries Act 1952 (Commonwealth) — Constitution of Australia, Section 51 (x) and 51 (xxix)Sea — Fisheries — Exclusive fishing zone — Appellant in charge of and using foreign fishing vessel for fishing in Australian fishing zone without licence — Fisheries power of Commonwealth of Australia — Whether seaward limits of 200 nautical miles beyond Australia and external territories — Whether breach of provisions for protection of fishing grounds from foreign exploitation — Forfeiture of vessel, fish and equipment — Fisheries Act 1952 (Commonwealth) — The law of Australia.