Torres Strait Treaty

Overview of the Treaty

The Torres Strait Treaty is a treaty between Papua New Guinea and Australia concerning sovereignty and maritime boundaries in the area between the two countries, including the area known as the Torres Strait, and related matters signed on 18 December 1978. It was ratified and came into effect on 15 February 1985. Detailed information regarding the Torres Strait Treaty  is available through the Department of Foreign Affairs and Trade.

The preamble to the Treaty includes a statement of recognition of "the importance of protecting the traditional way of life and livelihood of Australians who are Torres Strait Islanders and of Papua New Guineans who live in the coastal area of Papua New Guinea in and adjacent to the Torres Strait." It includes explicit recognition of "the importance of protecting the marine environment and ensuring the freedom of navigation and overflight for each other's vessels and aircraft in the Torres Strait". It also acknowledges their shared desire to "cooperate with one another in that area in the conservation, management and sharing of fisheries resources and in regulating the exploration and exploitation of seabed mineral resources".

Major Elements of the Treaty

There are six major elements in the administration of the treaty:

• a Ministerial Council comprised of the Australian and Papua New Guinea Foreign Ministers, which meets annually.

• a Torres Strait Island Joint Advisory Council (article 19 of the Treaty) which consists of 18 members, nine from Australia and nine from Papua New Guinea. At least one of the Australian delegation must be a representative of the Queensland Government and three must represent traditional inhabitants. The Torres Strait Regional Authority represents Australian Indigenous people. There is an Australian Interdepartmental Committee (IDC) convened by the Department of Foreign Affairs and Trade (DFAT) to support the Council.

• an Environment Management Committee established at the recommendation of the second Joint Advisory Council meeting in 1988. The Environment Management Commiittee meets on the day before the Joint Advisory Council. There is also an Australian IDC convened by Environment Australia to support this Committee.

• Treaty Liaison Officers based on Thursday Island (an Australian DFAT representative) and Daru Island (PNG representative). (Article 18 of the Treaty).

• annual Treaty Liaison Meetings with representatives from government agencies that provide services in the Treaty area.

• annual Traditional Inhabitants Meetings which are integral to the administration of the Treaty and ensure that the consultative requirements of the Treaty are met.

The Queensland Government currently has two representatives on the Joint Advisory Council. The Department of the Premier and Cabinet Representative is the Director, Policy Systems. The Regional Manager, Torres Strait Regional Office, Department of Aboriginal and Torres Strait Islander Policy is the other representative.

This representation ensures that there is an effective link between the Treaty Liaison meeting and the Joint Advisory Council. The Environment and Resources Policy unit of the Department of the Premier and Cabinet provides the Queensland Government representation on the Environment Management Committee.