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Agreement between
the Government of the Commonwealth of Australia and
the Government of the Republic of Indonesia
Establishing Certain Seabed Boundaries

(Canberra, 18 May 1971)
Entry into force: 8 November 1973

OilWeb note: This treaty covers the area between Australian and West Papua (Irian), far west of East Timor. The area related to East Timor is described in the 1972 Supplemental Agreement.

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THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA,

DESIRING to strengthen the bonds of friendship between the two countries; and

DESIRING particularly to cooperate in delimiting by agreement the boundaries of certain areas of seabed in which the two countries respectively exercise sovereign rights for the exploration and exploitation of the natural resources,

HAVE AGREED AS FOLLOWS:

Article 1

In the Arafura Sea eastwards of Longitude 133deg.23' East, the boundary between the area of seabed that is adjacent to and appertains to the Commonwealth of Australia and the area that is adjacent to and appertains to the Republic of Indonesia shall be the straight lines shown on chart "A" annexed to this Agreement, commencing at the point of Latitude 9deg.52' South, Longitude 140deg.29' East (Point A1), and thence connecting the points specified hereunder in the sequence so specified:

A2. The point of Latitude 10deg.24' South, Longitude 139deg.46' East

A3. The point of Latitude 10deg.50' South, Longitude 139deg.12' East

A4. The point of Latitude 10deg.24' South, Longitude 138deg.38' East

A5. The point of Latitude 10deg.22' South, Longitude 138deg.35' East

A6. The point of Latitude 10deg.09' South, Longitude 138deg.13' East

A7. The point of Latitude 9deg.57' South, Longitude 137deg.45' East

A8. The point of Latitude 9deg.08' South, Longitude 135deg.29' East

A9. The point of Latitude 9deg.17' South, Longitude 135deg.13' East

A10. The point of Latitude 9deg.22' South, Longitude 135deg.03' East

A11. The point of Latitude 9deg.25' South, Longitude 134deg.50' East

A12. The point of Latitude 8deg.53' South, Longitude 133deg.23' East.

Article 2

The two Governments have not provided in this Agreement for the delimitation of the respective areas of adjacent seabed westward of Longitude 133deg.23' East, and have left this question for discussion at further talks to be held at a mutually convenient date.

Article 3

1. Off the southern coast of the island of New Guinea (Irian) westwards of Longitude 140deg.49'30" East, the boundary between the area of seabed that is adjacent to and appertains to the Territory of Papua and the area that is adjacent to and appertains to the Republic of Indonesia shall be the straight line shown on chart "A" annexed to this Agreement, connecting the point of Latitude 9deg.24'30" South, Longitude 140deg.49'30" East (Point B1) with the point of Latitude 9deg.52' South, Longitude 140deg.29' East (Point A1).

2. The two Governments have not provided in this Agreement for the drawing of a boundary line between the point B1 referred to in paragraph 1 of this Article and the point at which the land boundary between the Territory of Papua and West Irian meets the southern coast of the island of New Guinea (Irian), and have left this question for further discussion as and when agreed.

Article 4

1. Off the northern coast of the island of New Guinea (Irian), the boundary between the area of seabed that is adjacent to and appertains to the Trust Territory of New Guinea and the area that is adjacent to and appertains to the Republic of Indonesia shall lie along the straight line shown on chart "B" annexed to this Agreement, connecting the point at which the land boundary between the Trust Territory and West Irian meets the northern coast of the island of New Guinea (Irian) (Point C1) with the point of Latitude 2deg.08'30" South, Longitude 141deg.01'30" East (Point C2). If any lines are drawn extending this line northward, they shall be drawn on the same principle, that is to say the principle of equidistance.

2. The lines referred to in paragraph 1 of this Article are to be taken as indicating the direction in which the lateral boundary of the respective areas of seabed is agreed to lie.

3. This Article shall not in any way affect any agreement that may subsequently be made between the two Governments delimiting the lateral boundary of the territorial sea as between the Trust Territory of New Guinea and the Republic of Indonesia.

Article 5

For the purpose of this Agreement, "seabed" includes the subsoil thereof, except where the context otherwise requires.

Article 6

1. The co-ordinates of the points specified in Articles 1, 3 and 4 of this Agreement are geographical co-ordinates, and the actual location of the points and of the lines joining them shall be determined by a method to be agreed upon by the competent authorities of the two Governments.

2. For the purpose of paragraph 1 of this Article the competent authorities in relation to the Commonwealth of Australia shall be the Director of National Mapping and any person acting with his authority, and in relation to the Republic of Indonesia shall be the Chief of the Co-ordinating Body for National Survey and Mapping (Ketua Badan Koordinasi Survey Dan Pemetaan Nasional) and any person acting with his authority.

Article 7

If any single accumulation of liquid hydrocarbons or natural gas, or if any other mineral deposit beneath the seabed, extends across any of the lines that are specified in Articles 1, 3 and 4 of this Agreement, and the part of such accumulation or deposit that is situated on one side of the line is recoverable in fluid form wholly or in part from the other side of the line, the two Governments will seek to reach agreement on the manner in which the accumulation or deposit shall be most effectively exploited and on the equitable sharing of the benefits arising from such exploitation.

Article 8

Any dispute between the two Governments arising out of the interpretation or implementation of this Agreement shall be settled peacefully by consultation or negotiation.

Article 9

This Agreement is subject to ratification in accordance with the constitutional requirements of each country, and shall enter into force on the day on which the Instruments of Ratification are exchanged.[1]

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE in duplicate at Canberra this 18th day of May 1971 in the English and Indonesian languages.

FOR THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA:
[Signed:] LESLIE BURY

FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA:
[Signed:]  SUMANTRI BRODJONEGORO

 

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[1] Instruments of ratification were exchanged at Canberra 8 November 1973.

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