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					  Foreign
clearances
    For RV Southern Surveyor Voyages




                                       20081204
                         CONTENTS
                         International clearances .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
                           Introduction .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
                           Conditions under UNCLOS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1

                         Attachments  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 2

                             UNCLOS part 13 Requirements for vessels working in foreign waters  .  .  .  .  .  .  .  .  .  .  .  . 2




b   FOREIGN CLEARANCES                                                                                                                                                                              20081204
INTERNATIONAL CLEARANCES
Introduction                                  Conditions under UNCLOS                        • a requirement to include a suitably
                                                                                              qualified scientific representative
Applicants to the Marine National             The United Nations Convention on                of the country in which the
Facility with proposals for work to be        the Law of the Sea (UNCLOS) sets                work is conducted; and
undertaken in foreign waters are advised      general conditions, responsibilities
that prior approval from the countries        and obligations for undertaking marine         • at least six months notice, in writing,
to be visited must be obtained before         research in the Exclusive Economic              requesting permission to work
entering and working in those waters .        Zones (EEZ) of foreign countries . In           in another country’s waters .
                                              many cases a nation’s EEZ occupies
All applicants for use of the RV Southern                                                    Applicants intending to submit a proposal
                                              an area of at least 200 nautical miles
Surveyor must indicate on their                                                              for work in foreign waters should
                                              (nm) radius from a nation’s coastline .
application if they intend to carry out                                                      familiarise themselves with all the likely
                                              This leads, in areas such as the South
the research in foreign waters, and in                                                       requirements for clearance for such work .
                                              Pacific, to small island nations controlling
which countries that this will take place .
                                              large volumes of ocean waters .                The attached UNCLOS – PART XIII Marine
For successful applicants to undertake                                                       Scientific Research (ATTACHMENT
                                              Different countries can have varying
a voyage on RV Southern Surveyor                                                             1) sets out the internationally agreed
                                              requirements, regulations and processes
in another country’s claimed waters,                                                         requirements for research vessels
                                              relating to clearances for foreign research
permission must be obtained                                                                  working in foreign waters .
                                              vessels . However, all are based on the
from the appropriate government
                                              interpretation of UNCLOS and there             Applications for clearances to work
authorities within that country .
                                              are a number of common features                in foreign waters are made through
Permission to carry out research work         for all countries . These include:             a Standard Form A which sets out
in foreign waters are a matter for                                                           the information required for such
                                              • limitations on the type of work
government to government relations .                                                         clearances under the conditions
                                               that can be undertaken
Applications for approval for such                                                           set out under UNCLOS .
research work will be processed by            • possible refusal of any work that cannot
                                                                                             Successful applicants to the Marine
Marine National Facility staff dealing         be demonstrated as scientific research;
                                                                                             National Facility must complete and
through Australia’s Department
                                              • access to any data, samples or               return the Standard Form A at least
of Foreign Affairs and Trade .
                                               specimens that might be collected             six months prior to their voyage . The
Please note: all requests for foreign          during the course of research;                form can be found at www.marine.
clearances will be on the basis of                                                           csiro.au/nationalfacility/application
                                              • assistance in interpreting the scientific
material that must be provided
                                               meaning of any of the above;
by successful applicants .




1    FOREIGN CLEARANCES                                                                                                          20081204
                         ATTACHMENT
                         ATTACHMENT 1:
                         UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

                         PART XIII
                         MARINE SCIENTIFIC RESEARCH



                         SECTION 1.                                    (b) marine scientific research shall be
                                                                          conducted with appropriate scientific
                         General provisions
                                                                          methods and means compatible
                         Article 238                                      with this Convention;
                         Right to conduct marine
                                                                       (c) marine scientific research shall not
                         scientific research
                                                                          unjustifiably interfere with other
                         All States, irrespective of their                legitimate uses of the sea compatible
                         geographical location, and competent             with this Convention and shall be duly
                         international organizations have the right       respected in the course of such uses;
                         to conduct marine scientific research
                                                                       (d) marine scientific research shall
                         subject to the rights and duties of other
                                                                          be conducted in compliance
                         States as provided for in this Convention .
                                                                          with all relevant regulations
                         Article 239                                      adopted in conformity with this
                         Promotion of marine                              Convention including those for
                         scientific research                              the protection and preservation
                                                                          of the marine environment .
                         States and competent international
                         organizations shall promote and facilitate    Article 241
                         the development and conduct of                Non-recognition of marine
                         marine scientific research in                 scientific research activities as
                         accordance with this Convention .             the legal basis for claims

                         Article 240                                   Marine scientific research activities
                         General principles for the conduct            shall not constitute the legal basis
                         of marine scientific research                 for any claim to any part of the marine
                                                                       environment or its resources .
                         In the conduct of marine scientific
                         research the following principles
                         shall apply:

                         (a) marine scientific research shall
                            be conducted exclusively for
                            peaceful purposes;




2   FOREIGN CLEARANCES                                                                                     20081204
SECTION 2.                                     Article 243                                    SECTION 3. Conduct
                                               Creation of favourable conditions
International cooperation                                                                     and promotion of marine
                                               States and competent international             scientific research
Article 242
                                               organizations shall cooperate, through
Promotion of international cooperation                                                        Article 245
                                               the conclusion of bilateral and multilateral
                                                                                              Marine scientific research
1 . States and competent international         agreements, to create favourable
                                                                                              in the territorial sea
    organizations shall, in accordance with    conditions for the conduct of marine
    the principle of respect for sovereignty   scientific research in the marine              Coastal States, in the exercise of their
    and jurisdiction and on the basis of       environment and to integrate the efforts       sovereignty, have the exclusive right to
    mutual benefit, promote international      of scientists in studying the essence of       regulate, authorize and conduct marine
    cooperation in marine scientific           phenomena and processes occurring              scientific research in their territorial sea .
    research for peaceful purposes .           in the marine environment and the              Marine scientific research therein shall
                                               interrelations between them .                  be conducted only with the express
2 . In this context, without prejudice
                                                                                              consent of and under the conditions
    to the rights and duties of States         Article 244
                                                                                              set forth by the coastal State .
    under this Convention, a State, in         Publication and dissemination of
    the application of this Part, shall        information and knowledge                      Article 246
    provide, as appropriate, other States                                                     Marine scientific research in the
                                               1 . States and competent international
    with a reasonable opportunity                                                             exclusive economic zone and
                                                 organizations shall, in accordance
    to obtain from it, or with its                                                            on the continental shelf
                                                 with this Convention, make available
    cooperation, information necessary
                                                 by publication and dissemination             1 . Coastal States, in the exercise of their
    to prevent and control damage to
                                                 through appropriate channels                   jurisdiction, have the right to regulate,
    the health and safety of persons
                                                 information on proposed major                  authorize and conduct marine scientific
    and to the marine environment .
                                                 programmes and their objectives as             research in their exclusive economic
                                                 well as knowledge resulting from               zone and on their continental shelf in
                                                 marine scientific research .                   accordance with the relevant provisions
                                                                                                of this Convention .
                                               2 . For this purpose, States, both
                                                 individually and in cooperation with         2 . Marine scientific research in the
                                                 other States and with competent                exclusive economic zone and on the
                                                 international organizations, shall             continental shelf shall be conducted
                                                 actively promote the flow of scientific        with the consent of the coastal State .
                                                 data and information and the transfer
                                                 of knowledge resulting from marine           3 . Coastal States shall, in normal
                                                 scientific research, especially to             circumstances, grant their consent for
                                                 developing States, as well as the              marine scientific research projects by
                                                 strengthening of the autonomous                other States or competent international
                                                 marine scientific research capabilities        organizations in their exclusive
                                                 of developing States through, inter            economic zone or on their continental
                                                 alia, programmes to provide adequate           shelf to be carried out in accordance
                                                 education and training of their technical      with this Convention exclusively for
                                                 and scientific personnel .                     peaceful purposes and in order to


3     FOREIGN CLEARANCES                                                                                                            20081204
    increase scientific knowledge of the           (d) contains information communicated       Article 247
    marine environment for the benefit of             pursuant to article 248 regarding        Marine scientific research projects
    all mankind . To this end, coastal States         the nature and objectives of             undertaken by or under the auspices of
    shall establish rules and procedures              the project which is inaccurate          international organizations
    ensuring that such consent will not be            or if the researching State
                                                                                               A coastal State which is a member
    delayed or denied unreasonably .                  or competent international
                                                                                               of or has a bilateral agreement with
                                                      organization has outstanding
4 . For the purposes of applying paragraph                                                     an international organization, and in
                                                      obligations to the coastal State
    3, normal circumstances may exist                                                          whose exclusive economic zone or on
                                                      from a prior research project .
    in spite of the absence of diplomatic                                                      whose continental shelf that organization
    relations between the coastal State and      6 . Notwithstanding the provisions of         wants to carry out a marine scientific
    the researching State .                        paragraph 5, coastal States may not         research project, directly or under its
                                                   exercise their discretion to withhold       auspices, shall be deemed to have
5 . Coastal States may however in their
                                                   consent under subparagraph (a) of that      authorized the project to be carried
    discretion withhold their consent to
                                                   paragraph in respect of marine scientific   out in conformity with the agreed
    the conduct of a marine scientific
                                                   research projects to be undertaken in       specifications if that State approved
    research project of another State or
                                                   accordance with the provisions of this      the detailed project when the decision
    competent international organization
                                                   Part on the continental shelf, beyond       was made by the organization for the
    in the exclusive economic zone
                                                   200 nautical miles from the baselines       undertaking of the project, or is willing to
    or on the continental shelf of the
                                                   from which the breadth of the territorial   participate in it, and has not expressed
    coastal State if that project:
                                                   sea is measured, outside those              any objection within four months

    (a) is of direct significance for the          specific areas which coastal States         of notification of the project by the

       exploration and exploitation of             may at any time publicly designate as       organization to the coastal State .

       natural resources, whether living           areas in which exploitation or detailed
                                                                                               Article 248
       or non-living;                              exploratory operations focused on those
                                                                                               Duty to provide information
                                                   areas are occurring or will occur within
    (b) involves drilling into the continental                                                 to the coastal State
                                                   a reasonable period of time . Coastal
       shelf, the use of explosives or the         States shall give reasonable notice of      States and competent international
       introduction of harmful substances          the designation of such areas, as well      organizations which intend to undertake
       into the marine environment;                as any modifications thereto, but shall     marine scientific research in the exclusive
                                                   not be obliged to give details of the       economic zone or on the continental
    (c) involves the construction,
                                                   operations therein .                        shelf of a coastal State shall, not less
       operation or use of artificial islands,
       installations and structures referred                                                   than six months in advance of the
                                                   .
                                                 7 The provisions of paragraph 6 are
       to in articles 60 and 80;                                                               expected starting date of the marine
                                                   without prejudice to the rights of
                                                                                               scientific research project, provide
                                                   coastal States over the continental
                                                                                               that State with a full description of:
                                                   shelf as established in article 77 .

                                                                                               (a) the nature and objectives
                                                 8 . Marine scientific research activities
                                                                                                  of the project;
                                                   referred to in this article shall
                                                   not unjustifiably interfere with
                                                   activities undertaken by coastal
                                                   States in the exercise of their
                                                   sovereign rights and jurisdiction
                                                   provided for in this Convention .
4     FOREIGN CLEARANCES                                                                                                             20081204
(b) the method and means to be              (a) ensure the right of the coastal State,     (g) unless otherwise agreed, remove
    used, including name, tonnage,             if it so desires, to participate or be          the scientific research installations
    type and class of vessels and a            represented in the marine scientific            or equipment once the research
    description of scientific equipment;       research project, especially on board           is completed .
                                               research vessels and other craft
(c) the precise geographical areas in                                                    2 . This article is without prejudice to the
                                               or scientific research installations,
    which the project is to be conducted;                                                  conditions established by the laws and
                                               when practicable, without payment
                                                                                           regulations of the coastal State for the
(d) the expected date of first                 of any remuneration to the scientists
                                                                                           exercise of its discretion to grant or
    appearance and final departure             of the coastal State and without
                                                                                           withhold consent pursuant to article 246,
    of the research vessels, or                obligation to contribute towards the
                                                                                           paragraph 5, including requiring prior
    deployment of the equipment and            costs of the project;
                                                                                           agreement for making internationally
    its removal, as appropriate;
                                            (b) provide the coastal State, at its          available the research results of a project

(e) the name of the sponsoring                 request, with preliminary reports,          of direct significance for the exploration

    institution, its director, and the         as soon as practicable, and with the        and exploitation of natural resources .

    person in charge of the project; and       final results and conclusions after
                                                                                         Article 250
                                               the completion of the research;
(f) the extent to which it is considered                                                 Communications concerning marine

    that the coastal State should           (c) undertake to provide access for the      scientific research projects

    be able to participate or to be            coastal State, at its request, to all
                                                                                         Communications concerning the marine
    represented in the project .               data and samples derived from the
                                                                                         scientific research projects shall be made
                                               marine scientific research project
Article 249                                                                              through appropriate official channels,
                                               and likewise to furnish it with data
Duty to comply with                                                                      unless otherwise agreed .
                                               which may be copied and samples
certain conditions                             which may be divided without              Article 251
                                               detriment to their scientific value;      General criteria and guidelines
1 . States and competent international
    organizations when undertaking marine   (d) if requested, provide the coastal        States shall seek to promote through
    scientific research in the exclusive       State with an assessment of such          competent international organizations
    economic zone or on the continental        data, samples and research results        the establishment of general criteria and
    shelf of a coastal State shall comply      or provide assistance in their            guidelines to assist States in ascertaining
    with the following conditions:             assessment or interpretation;             the nature and implications of marine
                                                                                         scientific research .
                                            (e) ensure, subject to paragraph 2,
                                               that the research results are made
                                               internationally available through
                                               appropriate national or international
                                               channels, as soon as practicable;

                                            (f) inform the coastal State
                                              immediately of any major change
                                              in the research programme;




5     FOREIGN CLEARANCES                                                                                                      20081204
Article 252                                   Article 253                                    4 . Following notification by the coastal
Implied consent                               Suspension or cessation of marine                State of its decision to order
                                              scientific research activities                   suspension or cessation, States or
States or competent international
                                                                                               competent international organizations
organizations may proceed with a              1 . A coastal State shall have the right to
                                                                                               authorized to conduct marine scientific
marine scientific research project six          require the suspension of any marine
                                                                                               research activities shall terminate the
months after the date upon which                scientific research activities in progress
                                                                                               research activities that are the subject
the information required pursuant to            within its exclusive economic zone or
                                                                                               of such a notification .
article 248 was provided to the coastal         on its continental shelf if:
State unless within four months of the                                                       5 . An order of suspension under
                                                (a) the research activities are not being
receipt of the communication containing                                                        paragraph 1 shall be lifted by the
                                                   conducted in accordance with
such information the coastal State                                                             coastal State and the marine scientific
                                                   the information communicated as
has informed the State or organization                                                         research activities allowed to continue
                                                   provided under article 248 upon
conducting the research that:                                                                  once the researching State or
                                                   which the consent of the coastal
                                                                                               competent international organization
(a) it has withheld its consent under the          State was based; or
                                                                                               has complied with the conditions
    provisions of article 246; or
                                                (b) the State or competent international       required under articles 248 and 249 .

(b) the information given by that State or         organization conducting the research
                                                                                             Article 254
    competent international organization           activities fails to comply with the
                                                                                             Rights of neighbouring
    regarding the nature or objectives of          provisions of article 249 concerning
                                                                                             land-locked and geographically
    the project does not conform to the            the rights of the coastal State with
                                                                                             disadvantaged States
    manifestly evident facts; or                   respect to the marine scientific
                                                   research project .                        1 . States and competent international
(c) it requires supplementary information
                                                                                               organizations which have submitted to
    relevant to conditions and the            2 . A coastal State shall have the right to
                                                                                               a coastal State a project to undertake
    information provided for under articles     require the cessation of any marine
                                                                                               marine scientific research referred
    248 and 249; or                             scientific research activities in case of
                                                                                               to in article 246, paragraph 3, shall
                                                any non-compliance with the provisions
(d) outstanding obligations exist with                                                         give notice to the neighbouring
                                                of article 248 which amounts to
    respect to a previous marine scientific                                                    land-locked and geographically
                                                a major change in the research
    research project carried out by that                                                       disadvantaged States of the
                                                project or the research activities .
    State or organization, with regard to                                                      proposed research project, and shall

    conditions established in article 249 .   3 . A coastal State may also require             notify the coastal State thereof .

                                                cessation of marine scientific
                                                research activities if any of
                                                the situations contemplated in
                                                paragraph 1 are not rectified within
                                                a reasonable period of time .




6    FOREIGN CLEARANCES                                                                                                         20081204
2 . After the consent has been given             4 . States and competent international       Article 257
    for the proposed marine scientific             organizations referred to in               Marine scientific research in the
    research project by the coastal State          paragraph 1 shall provide to the           water column beyond the exclusive
    concerned, in accordance with article          above-mentioned land-locked and            economic zone
    246 and other relevant provisions              geographically disadvantaged States,
                                                                                              All States, irrespective of their
    of this Convention, States and                 at their request, the information
                                                                                              geographical location, and competent
    competent international organizations          and assistance specified in article
                                                                                              international organizations have the right,
    undertaking such a project shall provide       249, paragraph 1(d), subject to the
                                                                                              in conformity with this Convention, to
    to the neighbouring land-locked and            provisions of article 249, paragraph 2 .
                                                                                              conduct marine scientific research in the
    geographically disadvantaged
                                                 Article 255                                  water column beyond the limits of the
    States, at their request and when
                                                 Measures to facilitate marine scientific     exclusive economic zone .
    appropriate, relevant information
                                                 research and assist research vessels
    as specified in article 248 and
                                                                                              SECTION 4.
    article 249, paragraph 1(f) .                States shall endeavour to adopt
                                                                                              Scientific research
                                                 reasonable rules, regulations and
3 . The neighbouring land-locked and                                                          installations or equipment
                                                 procedures to promote and facilitate
    geographically disadvantaged States
                                                 marine scientific research conducted         in the marine environment
    referred to above shall, at their request,
                                                 in accordance with this Convention
    be given the opportunity to participate,                                                  Article 258
                                                 beyond their territorial sea and, as
    whenever feasible, in the proposed                                                        Deployment and use
                                                 appropriate, to facilitate, subject to the
    marine scientific research project
                                                 provisions of their laws and regulations,    The deployment and use of any type
    through qualified experts appointed
                                                 access to their harbours and promote         of scientific research installations or
    by them and not objected to by the
                                                 assistance for marine scientific             equipment in any area of the marine
    coastal State, in accordance with the
                                                 research vessels which comply with           environment shall be subject to the
    conditions agreed for the project, in
                                                 the relevant provisions of this Part .       same conditions as are prescribed in this
    conformity with the provisions of this
                                                                                              Convention for the conduct of marine
    Convention, between the coastal State        Article 256
                                                                                              scientific research in any such area .
    concerned and the State or competent         Marine scientific research in the area
    international organizations conducting                                                    Article 259
    the marine scientific research .             All States, irrespective of their
                                                                                              Legal status
                                                 geographical location, and competent
                                                 international organizations have the         The installations or equipment referred to
                                                 right, in conformity with the provisions     in this section do not possess the status
                                                 of Part XI, to conduct marine scientific     of islands . They have no territorial sea of
                                                 research in the Area .                       their own, and their presence does not
                                                                                              affect the delimitation of the territorial
                                                                                              sea, the exclusive economic zone or the
                                                                                              continental shelf .




7     FOREIGN CLEARANCES                                                                                                          20081204
Article 260                                  SECTION 5.                                   SECTION 6.
Safety zones
                                             Responsibility and liability                 Settlement of disputes and
Safety zones of a reasonable breadth not                                                  interim measures
                                             Article 263
exceeding a distance of 500 metres may
                                             Responsibility and liability                 Article 264
be created around scientific research
                                                                                          Settlement of disputes
installations in accordance with the         1 . States and competent international
relevant provisions of this Convention .       organizations shall be responsible         Disputes concerning the interpretation
All States shall ensure that such safety       for ensuring that marine scientific        or application of the provisions of this
zones are respected by their vessels .         research, whether undertaken by them       Convention with regard to marine scientific
                                               or on their behalf, is conducted in        research shall be settled in accordance
Article 261
                                               accordance with this Convention .          with Part XV, sections 2 and 3 .
Non-interference with shipping routes
                                             2 . States and competent international       Article 265
The deployment and use of any type
                                               organizations shall be responsible and     Interim measures
of scientific research installations or
                                               liable for the measures they take in
equipment shall not constitute an                                                         Pending settlement of a dispute in
                                               contravention of this Convention in
obstacle to established international                                                     accordance with Part XV, sections 2
                                               respect of marine scientific research
shipping routes .                                                                         and 3, the State or competent
                                               conducted by other States, their natural
                                               or juridical persons or by competent       international organization authorized
Article 262
                                               international organizations, and shall     to conduct a marine scientific research
Identification markings
                                               provide compensation for damage            project shall not allow research
and warning signals
                                               resulting from such measures .             activities to commence or continue
Installations or equipment referred to                                                    without the express consent of the
in this section shall bear identification    3 . States and competent international       coastal State concerned .
markings indicating the State of registry      organizations shall be responsible

or the international organization to which     and liable pursuant to article 235 for

they belong and shall have adequate            damage caused by pollution of the

internationally agreed warning signals to      marine environment arising out of

ensure safety at sea and the safety of         marine scientific research undertaken

air navigation, taking into account rules      by them or on their behalf .

and standards established by competent
international organizations .




8    FOREIGN CLEARANCES                                                                                                      20081204

				
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