The status of the British Empire's claims over Antarctica was discussed at the1926 Imperial Conference. The following year, Mawson publicly criticised the Australian government for its failure to assert control over the portions of the Antarctic closest to Australia.[2] In February 1929, Prime MinisterS. M. Bruce announced in parliament that he considered the Australiansphere of influence in Antarctica to extend from theRoss Sea toEnderby Land.[3] Mawson subsequently returned to Antarctica as leader of theBritish Australian and New Zealand Antarctic Research Expedition (BANZARE) and proclaimed British sovereignty on 13 January 1930 over the area between the47th and73rd meridians east.[4] A further proclamation was made on 18 February 1931 over the area between the60th and138th meridians east.[5]
In 1933, a British imperial order stated:
That part of His Majesty's dominions in the Antarctic Seas which comprises all the islands and territories other thanAdélie Land which are situated south of the 60th degree of South Latitude and lying between the 160th degree of East Longitude and the 45th degree of East Longitude is hereby placed under the authority of the Commonwealth of Australia.[6]
In 1933, theAustralian Antarctic Territory Acceptance Act 1933 stated:[7]
That part of the territory in the Antarctic seas which comprises all the islands and territories, other than Adelie Land, situated south of the 60th degree south latitude and lying between the 160th degree east longitude and the 45th degree east longitude, is hereby declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, by the name of the Australian Antarctic Territory.
The AAT consists of all the islands and territory south of60°S and between44°38′E and160°E, except forAdélie Land (136°E to142°E), which divides the territory into Western AAT (the larger portion) and Eastern AAT.[10] It is bounded byQueen Maud Land in the West and by theRoss Dependency in the East. The Australian Antarctic Territory is the largest of any claims to the continent, and covers nearly 5.9 million square kilometres.[11] This makes up about 42% ofAntarctica, and would cover about 80% ofMainland Australia.[12] It also corresponds to roughly twice the size of Queen Maud Land,India,Argentina orKazakhstan.[13][14][15]
These regions are split into two separate areas geographically, with George V Land and Oates Land lying to the east of the French Territorial claim ofAdélie Land, and all other districts lying to its west.
The primary pieces of legislation in relation to the AAT are theAustralian Antarctic Territory Acceptance Act 1933 and theAustralian Antarctic Territory Act 1954. The 1933 act authorised the acceptance of the territory in accordance withsection 122 of the constitution and provided for the federal government to govern the territory via ordinance. The 1954 act applies the laws of theAustralian Capital Territory in the AAT, unless an ordinance has been made to the contrary, with the exception of criminal law where the laws of theJervis Bay Territory are applied. The AAT has no standalone courts with theSupreme Court of the Australian Capital Territory holding jurisdiction over matters arising from AAT laws.[17] TheAntarctic Treaty Act 1960 provides that, in accordance with the Antarctic Treaty, "observers" within the AAT are not subject to Australian law but all Australians within Antarctica are subject to AAT law.[18]
As of 2008, Australia's claim to sovereignty over the Australian Antarctic Territory is recognised by only the United Kingdom, New Zealand, France and Norway.[19][20] Ships of Japan conduct whaling in Australian Antarctic territorial waters.[21]
The territory is mostly inhabited by the staff of research stations. TheAustralian Antarctic Division administers the area primarily by maintaining three year-round stations—Mawson,Davis, andCasey—which support various research projects.[22]
As of May 2018, the AAT was believed to have a population of around 80 people during winters and 200 during summers.[23]
Australia claims anexclusive economic zone (EEZ) from the Australian Antarctic Territory. However, the Australian proclamation of an Antarctic EEZ is contested. The effect of Article IV of the 1959 Antarctic Treaty (which prohibits new territorial claims or the extension of existing claims in the Antarctic) would seem to be that an EEZ cannot be claimed in relation to territory to which that Treaty applies (south of 60° South).[citation needed] The provisions of theUnited Nations Convention on the Law of the Sea (UNCLOS) define the exclusive economic zone of a coastal state as up to 200 nautical miles (370 km) from the baseline from which the territorial sea is measured.[24]
Whaling in Australian Antarctic territorial waters is controversial and has received international attention.[25] Anti-whaling protest groups, in particularSea Shepherd Conservation Society, have been active within the Australian Antarctic territorial waters. Sea Shepherd small boat crews have hadmultiple encounters withJapanese ships that claim to be on research expeditions while opponents argue this is only a "cover" for bannedcommercial whaling.[26][27] TheAustralian Whale Sanctuary, in Australian Antarctic territory, is not recognised by the government of Japan.[25] Anti-whaling legislation passed by the Australian Government applies to Australian territorial waters. However, Australia's claims of sovereignty over the Australian Antarctic Territory—and thus sovereignty over Australian Antarctic territorial waters—are recognised by only the United Kingdom, New Zealand, France and Norway.[28]
During the early 1980s, there was a brief debate in Australia on whether or not to allowmining on themineral-rich continent.[29] Several mining proposals have been discussed and have all been rejected.[30]
On 9 August 2011, the influential Australian think-tank, theLowy Institute, published a report warning Canberra against complacency when it comes to its claim.[31] The global treaty banningresource exploitation becomes reviewable in 2041,[32] and some states may then decide to withdraw from it considering the continent's mineral deposits. These include coal seams, manganese, iron and uranium, while Antarctica's forecast oil reserves are estimated as among the largest in the world afterSaudi Arabia andVenezuela. Lowy's national security fellow Ellie Fogarty said in the paper that Australia cannot adequately patrol its claim, lacking the kind of ski-planes it needs to reach some areas.
In 2016, theAustralian Government formulated an Antarctic Strategy and 20 Year "Action Plan" to improve overland transport capabilities and aviation access to the continent. The plan incorporated a strategy to protect the Antarctic environment and maintain an indefinite ban on mining and oil drilling. The construction of a research and resupply icebreaker vessel was also planned.[33] The 25,000-tonneRSV Nuyina was delivered in 2021 and was immediately employed in support of theCasey Station. It is envisaged that the ship will support scientific research over the next 30 years.[34]
Australia issuespostage stamps for the Australian Antarctic Territory. The first issues came in 1957, and sporadically thereafter, settling into a pattern of an annual issue by the 1990s. All have been Antarctic-themed, and all are valid for postage in Australia and its territories, including Antarctica.[citation needed]
Assigned thecountry calling code +672[37] 1[0-4] XXXX, the four stations and the Aurora Australis operated by the Australian Antarctic Division can be reached by direct calling from anywhere in the world. The area codes are 10 for Davis, 11 for Mawson, 12 for Casey, 13 for Macquarie Island and 14 for Wilkins and the Aurora Australis, in each case followed by four additional digits.[citation needed]
^Antarctica and international law: a collection of inter-state and national documents, Volume 2. pp. 143. Author: W. M. Bush. Editor: Oceana Publications, 1982.ISBN0-379-20321-9,ISBN978-0-379-20321-9
^Humane Society International Inc v Kyodo Senpaku Kaisha Ltd[2008] FCA 3 at [13], (2008) 165FCR 510 (15 January 2008),Federal Court (Australia).
^The Parliament of the Commonwealth of Australia (2018).Maintaining Australia’s national interests in Antarctica: Inquiry into Australia’s Antarctic Territory. Joint Standing Committee on the National Capital and External Territories.
^"Mining".In the 1980s, the question of possible mineral exploitation (including the hydrocarbons oil and gas) was addressed by the nations of the Antarctic Treaty. They negotiated an agreement called the Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA) which would have regulated mining should it have ever been contemplated. CRAMRA did not come into force. Instead, the Madrid Protocol was negotiated and it includes a ban on Antarctic mining. Australian Government. Retrieved26 June 2013.
^"No mining in Antarctica, say Aussies".Despite the current global appetite for minerals, which has underpinned two decades of economic growth in Australia, the country currently has no plans to allow any mining in Antarctica. IOL. Retrieved26 June 2013.
^Swan, Robert."2041".In the year 2041, the Protocol on Environmental Protection to the Antarctic Treaty could potentially be modified or amended. 2041.com. Archived fromthe original on 5 August 2013. Retrieved26 June 2013.
^"Antarctica".2017 Foreign Policy White Paper. November 2017. Retrieved23 August 2023.
Kerr, Alan (2009)."Chapter Nine: Antarctica"(PDF).A Federation in These Seas: An Account of the Acquisition by Australia of its External Territories, With Selected Documents. Attorney-General's Department. pp. 224–246.ISBN1921241721.
24Claimed in 1908; territory formed 1962; overlaps portions of Argentine and Chilean claims, borders not enforced but claim not renounced under theAntarctic Treaty.
