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Torres Strait Treaty and You

Torres Strait Treaty in Brief

What is the Torres Strait Treaty?

The Torres Strait Treaty is an agreement between Australia and Papua New Guinea which describes the boundaries between the two countries and how the sea area may be used.

It was signed in December 1978 after long discussions between Australia and Papua New Guinea. Talks were also held between the Australian Government, the Queensland Government and Torres Strait Islander representatives.

Why was the Treaty needed?

The Treaty was needed to remove all doubts about the boundaries between Australia and Papua New Guinea.

What are the boundaries described by the Treaty?

There are two main boundaries:

i) Seabed Jurisdiction Line (shown by an unbroken line on the map) - See map here
ii) Fisheries Jurisdiction Line (shown by a broken line on the map) - See map here
What do these boundaries mean for Torres Strait Islands?

The Seabed Jurisdiction Line is the main boundary between Australia and Papua New Guinea as far as islands are concerned. However, the following islands which lie north of that line also belong to Australia:

Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island, Turnagain Island and Turu Cay.

Australian islands north of the Seabed Jurisdiction Line also have their own territorial seas of 3 nautical miles unless otherwise specified in the Treaty.

What is the Protected Zone?

The Protected Zone is an area of the Torres Strait recognised by Australia and Papua New Guinea as needing special attention. The area is shaded on the map.

The main reason for the Protected Zone is so that Torres Strait Islanders and the coastal people of Papua New Guinea can carry on their traditional way of life. For example, traditional people from both countries may move freely (without passports or visas) for traditional activities in the Protected Zone.

The formation of the Protected Zone has also helped to preserve and protect the land, sea and air of the Torres Strait, including the native plant and animal life.

What is free movement for traditional activities?

A special part of the Treaty allows free movement (without passports or visas) between Australia and Papua New Guinea for traditional activities in the Protected Zone and nearby areas.

This is only for Torres Strait Islanders and for coastal people from Papua New Guinea who live in and keep the traditions of the region.

Torres Strait Islanders are allowed to travel north into Papua New Guinea as far as the 9 degrees South latitude line just north of Daru. They are also allowed to visit Parama Island and the villages of Sui and Sewerimabu.

Coastal people from Papua New Guinea are allowed to travel south into Australia as far as the 10 degrees 30 minutes South latitude line near Number One Reef.

Traditional activities under the Treaty include activities on land (such as gardening, food collection and hunting), activities on water (such as fishing for food), ceremonies or social gatherings (such as marriages) and traditional trade.

Business dealings and employment for money are not allowed as traditional activities under the Treaty.

What does the Treaty say about fisheries?

A part of the Treaty deals with commercial fisheries. In brief it:

Which government departments are responsible for the Treaty?

The Department of Foreign Affairs and Trade has overall responsibility for the Torres Strait Treaty. It has established the Torres Strait Treaty Liaison Office on Thursday island. There is also a Papua New Guinea Treaty Liaison Office on Daru Island.

Other government departments are also interested in the Treaty and some of these have offices on Thursday island.

What liaison is there between Australia and Papua New Guinea on the Treaty?

The Australian and Papua New Guinea Treaty Liaison Officers often discuss Treaty matters. Regular meetings are held involving officials from both sides.

Fisheries, Customs, Police, Immigration, Quarantine and environmental officials also meet separately.

There is also a Joint Advisory Council to look at how the Treaty is working. The Council has members from each country including national, state/provincial and traditional representatives.

What does the Treaty say about quarantine?

The Torres Strait Treaty allows for the continuation of many of the traditional lifestyle activities between the peoples of the Torres Strait and coastal villages of the Western Province of Papua New Guinea.

However it is vital that quarantine controls remain and are observed.

During traditional visits into the Protected Zone you can trade:

You cannot trade:

These items can carry exotic pests and diseases into the Torres Strait.

How can I find out more about the Torres Strait Treaty?

Contact the Torres Strait Treaty Liaison Officer from the Department of Foreign Affairs and Trade

PO Box 93
Thursday Island QLD 4875
Ph: 07 4069 1495
Fax: 07 4069 1881
email: tstlo@bigpond.com