On 18 December 1978, at Sydney, Australia and Papua New Guinea signed the Treaty concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters. Two originals, authentic English. Signatories: Malcolm Fraser and Andrew Peacock; Michael Somare and Ebia Olewale. Registration: UNTS 24238, volume 1429. ATS 1985 No. 4.

Article 2: Papua New Guinea recognises the sovereignty of Australia over named islands, among them Boigu, Dauan, Saibai and Bramble Cay, and over islands between the mainlands south of the line in Article 4(1). Australia recognises the sovereignty of Papua New Guinea over Kawa, Mata Kawa and Kussa and over the other islands north of that line, other than those in Article 2(1)(a). Sovereignty over an island includes its territorial sea, airspace, seabed and low-tide elevations within that territorial sea.

Article 3: the territorial sea of the islands in Article 2(1)(a) shall not extend beyond three miles from the baselines and shall not be enlarged or reduced if a coastline changes. Australia shall not extend its territorial sea northwards across the line in Article 4(1); Papua New Guinea shall not extend it southwards. Article 4: two distinct lines — seabed jurisdiction (Annex 5) and fisheries jurisdiction (Annex 8). In a northern polygon, residual jurisdiction (marine environment, scientific research, energy from water, currents and winds) shall not be exercised without the concurrence of the other Party.

Article 10: a Protected Zone in Torres Strait, described in Annex 9, comprising land, sea, airspace, seabed and subsoil. Principal purpose: to acknowledge and protect the traditional way of life and livelihood of the traditional inhabitants, including traditional fishing and free movement. A further purpose: to protect and preserve the marine environment and indigenous fauna and flora. Article 11: each Party shall continue to permit free movement and the performance of lawful traditional activities in and in the vicinity of the Zone; this is not a handbook of border crossing. Article 15: for ten years from entry into force, neither Party shall undertake or permit mining or drilling for hydrocarbons in the Protected Zone, with possible extension.

Article 19: the Torres Strait Joint Advisory Council. Article 21: cooperation in the conservation, management and optimum utilisation of Protected Zone commercial fisheries. Article 29: disputes shall be settled by consultation or negotiation. Article 31: the Annexes form an integral part of the Treaty. Article 32: subject to ratification; it enters into force on the exchange of instruments of ratification. Entry into force: 15 February 1985.

The Treaty does not move sovereignty over the continents; it draws maritime limits and a special regime for the islands in the Strait after Papua New Guinea’s independence in 1975.

Thursday Island, Torres Strait, the treaty area, not the signing room in Sydney. Wikimedia Commons, free licence.

For context: Torres Strait Treaty. The text: Treaty between Australia and Papua New Guinea (DOALOS).