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Jervis Bay Territory

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58-534: The Jervis Bay Territory ( / ˈ dʒ ɜːr v ɪ s , ˈ dʒ ɑːr -/ ; JBT ) is an internal federal territory of Australia. It was established in 1915 from land ceded by the state of New South Wales , in order to give the federal government access to the sea in the vicinity of the landlocked Australian Capital Territory (ACT). The territory was administered by the Department of the Interior (and later by

116-564: A governor , appointed by the monarch (currently King Charles III ), which by convention he does on the advice of the state premier. The Administrator of the Northern Territory, by contrast, is appointed by the governor-general . The Australian Capital Territory has neither a governor nor an administrator. Instead, since the enacted of the Australian Capital Territory (Self-Government) Act 1988 (Cth) ,

174-648: A mainland coastline of 32,994 kilometres (20,502 mi) and claims an exclusive economic zone of about 8,200,000 square kilometres (3,200,000 sq mi). At Federation in 1901, what is now the Northern Territory was within South Australia, what are now the Australian Capital Territory and Jervis Bay Territory were within New South Wales, and Coral Sea Islands was part of Queensland. Ashmore and Cartier Islands

232-672: A contiguous residential of Queanbeyan , was excised out of New South Wales when the Australian Capital Territory was established in 1909. Some Urban Centres and Localities reported by the Australian Bureau of Statistics include some agglomerations of cities spreading across state borders, including Gold Coast –Tweed Heads, Canberra –Queanbeyan, Albury – Wodonga (New South Wales-Victoria) and Mildura – Wentworth (Victoria-New South Wales) Department of Infrastructure, Regional Development and Cities The Department of Infrastructure, Transport, Regional Development and Cities

290-692: A state or internal territory. Excluding the Heard Island and McDonald Islands and the Australian Antarctic Territory (which are governed by the Department of Climate Change, Energy, the Environment and Water ), the external territories are governed by the federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts . Norfolk Island had its own legislature from 1979 to 2015. Each state

348-600: Is a grouping of buildings known on the eastern foreshore of Sussex Inlet known as the Christian's Minde Settlement, which contain 6 separate parcels of land, four of which are leaseholds. The historical, heritage-listed Christian's Minde (Block 14) was founded in the mid-1880s by the Ellmoos family from Denmark. Christian's Minde was promoted as the first guesthouse on the NSW south coast between Port Hacking and Twofold Bay when it

406-537: Is a natural harbour 16 km (10 mi) north to south and 10 km (6 mi) east to west, opening to the east onto the Pacific Ocean . The bay is situated about 198 km (123 mi) south of the city of Sydney , on the southern coast of New South Wales . The nearest city is Nowra , about 40 km (25 mi) on the Shoalhaven River to the north. The majority of Jervis Bay embayment

464-547: Is a successor to historical British colonies , and each has its own constitution. The Australian Capital Territory (ACT) and Northern Territory for the most part operate indistinguishably from the states (for example, both have representation in the Parliament since 1948 and in the Senate since 1975), even though they do not have constitutional status as states and territorial legislation can be overridden. Surrounded by

522-469: Is adjacent, operated by the RAN to support its BAE Systems Kalkara (Storm Petrel) pilotless target aircraft. Kalkaras are launched from the airfield and later recovered by parachute into the water and thence by boats maintained at HMAS Creswell , after target-towing exercises off the coast with ships or aircraft. Control equipment is sited at Bherwerre Ridge overlooking the sea to the east. Jervis Bay Territory

580-700: Is administered by the federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts . Nonetheless, it is counted as part of the ACT for the purpose of the ACT's representation in the Senate ; it forms part of the Division of Fenner (also in the ACT) for House of Representatives purposes. However, it is not represented in the ACT Legislative Assembly . For most purposes,

638-476: Is called the "legislative assembly", except in South Australia and Tasmania, where it is called the "house of assembly". Tasmania is the only state to use proportional representation for elections to its lower house; all others elect members from single member constituencies, using preferential voting . The upper house is called the "legislative council" and is generally elected from multi-member constituencies using proportional representation. Along with Queensland,

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696-611: Is part of Jervis Bay Marine Park (NSW State) but the waters within Jervis Bay Territory are part of Booderee National Park (Commonwealth). Booderee National Park was formerly known as Jervis Bay National Park (Commonwealth). A wide variety of flora and fauna are native to the Booderee ( Aboriginal: bay of plenty ) National Park with approximately 206 species of birds, 27 species of mammals, 15 species of amphibians, 23 species of reptiles and 180 species of fish native to

754-837: Is part of Christian's Minde Settlement, the Railway, Tram and Bus Union (RTBU) Holiday Park (Block 37) and The Cove (former Bay of Plenty Lodges) (Block 28). Within the Booderee National Park is HMAS Creswell, the Royal Australian Navy College named after Sir William Rooke Creswell , the Director of the Commonwealth Naval Forces which later became the Royal Australian Navy (RAN). The Jervis Bay Airfield

812-622: The Defence Force Discipline Act (DFDA) makes all Australian Defence Force members and "Defence Civilians" subject to the criminal laws of the Jervis Bay Territory regardless of where the offence occurred. This is a legal mechanism that makes Defence personnel subject to the Crimes Act 1914 (Cth), the Criminal Code Act 1995 (Cth) and offences against the criminal law of the ACT, as military law, even if

870-501: The Australian Capital Territory , which collectively forms 79% of the entire population of Australia (more than three-quarters of all Australians). Most of the major population centres are located east and south of the Great Dividing Range on the coastal plains and their associated hinterland regions. The states originated as separate British colonies prior to Federation in 1901. The Colony of New South Wales

928-574: The Colony of Western Australia (initially established as the smaller Swan River Colony in 1829), the Province of South Australia (1836), the Colony of New Zealand (1840), the Victoria Colony (1851) and the Colony of Queensland (1859). Upon federation, the six colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania became the founding states of

986-571: The Department of the Capital Territory ) as if it were part of the ACT, although it has always been a separate Commonwealth territory. The perception that it is part of the ACT stems from the fact that under the terms of the Jervis Bay Territory Acceptance Act 1915 , the laws of the ACT apply to the Jervis Bay Territory. In 1989, when the ACT achieved self-government , the Department of the Arts, Sport,

1044-554: The Division of Fraser until 2016) in the ACT and by the ACT's two senators. In other respects, the territory is administered directly by the Federal Government through the Territories portfolio. The external territory of Norfolk Island possessed a degree of self-government from 1979 until 2015. Each state has a bicameral parliament, except Queensland, which abolished its upper house in 1922. The lower house

1102-528: The Federal Parliament can override territorial legislation. The federal High Court of Australia acts as a final court of appeal for all matters, and has the authority to override any state judiciary. While all states and internal territories have their own judicial system (subject to appeal to the High Court), most external territories are subject to the judiciary and legislature of either

1160-645: The German New Guinea . Following World War I , the Australian government received a League of Nations mandate for Nauru . After World War II, the Territory of Papua, Territory of New Guinea and Nauru were all controlled by the Australian government as United Nations trust territories . Nauru was granted independence in 1968. The majority of Australians live in the eastern coastal mainland states of New South Wales , Queensland , Victoria , and

1218-775: The Indian , Pacific , and Southern oceans, Australia is separated from Maritime Southeast Asia and New Guinea by the Arafura Sea , the Timor Sea , and the Torres Strait , from Island Melanesia by the Coral Sea , and from New Zealand by the Tasman Sea . The world's smallest continent , Australia is also the sixth-largest country by land area and sometimes considered the world's largest island . Australia has

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1276-874: The Jervis Bay Territory , and the Northern Territory on the Australian mainland ; and seven are external territories : the Ashmore and Cartier Islands , the Australian Antarctic Territory , Christmas Island , the Cocos (Keeling) Islands , the Coral Sea Islands , Heard Island and McDonald Islands , and Norfolk Island that are offshore dependent territories . Every state and internal territory (except

1334-635: The Third Fleet in honour of Admiral John Jervis , under whom he had served. In November 1791, Master Matthew Weatherhead aboard the Matilda entered the bay to undertake repairs. Survivors of the Sydney Cove shipwreck in 1797 reached the area by foot, heading to Port Jackson . Explorer George Bass entered the bay on 10 December, 1797. He named Bowen Island . John Oxley , an English explorer and surveyor, travelled from Sydney by sea to explore

1392-837: The Australian Constitution the federal Parliament has plenary power to make laws for all territories including all external territories. The Cocos (Keeling) Islands voted for integration in 1984. Together with Christmas Island, these two territories comprise the Australian Indian Ocean Territories . Commonwealth laws apply automatically to the territories unless expressly stated otherwise and residents of both external territories are associated with Northern Territory for federal elections. They are, thus, constitutionally part of Australia. The Heard Island and McDonald Islands, although uninhabited, are treated as constitutionally part of Australia by

1450-612: The Australian Government to nearby councils in New South Wales, Jervis Bay Territory residents do not vote in either ACT or New South Wales elections, nor does Jervis Bay have its own elected council, though Aboriginal persons who are registered members of the Wreck Bay Aboriginal Community Council have voting rights both at meetings of the Wreck Bay Aboriginal Community Council, and to elect the executive of that Council. Section 61 of

1508-517: The Australian federal government under Section 122 of the Constitution of Australia no longer exist: Two present-day Oceanic countries, Papua New Guinea (PNG) and Nauru , were administered by the federal government of Australia as de facto or de jure external territories for differing periods between 1902 and 1975. Following World War II , the Papua and New Guinea Act 1949 placed

1566-452: The Environment, Tourism and Territories took over responsibility for the JBT's administration. Jervis Bay has a long history of Aboriginal Australian settlement. Booderee, the name of the national park that covers the majority of the Jervis Bay Territory, means 'bay of plenty' or 'plenty of fish' in the local Aboriginal language. The Yuin people have a strong and continuing connection to

1624-593: The JBT is managed by the Department of Infrastructure, Regional Development and Cities . There is an Aboriginal community at Wreck Bay Village in Booderee National Park . The Wreck Bay Aboriginal Community Council not only holds the majority of land in the Territory, it exercises certain governance and representation functions for its community under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 The Jervis Bay Territory

1682-579: The Jervis Bay Territory) is self-governing with its own independent executive government , legislative branch , and judicial system , while the rest only have local government status overseen by federal departments . State and territory governments may legislate on matters concerning their citizens, subject to the limits of the federal constitution (notably section 51 and section 109 ). Each state and internal territory (except Jervis Bay Territory) has its own legislature , although

1740-550: The Jervis Bay area and in December 2016, applied for recognition of their native title , in part to recognise this. Jervis Bay was sighted by Lieutenant James Cook aboard HMS  Endeavour on 25 April, 1770 (two days after Saint George's Day ), and he named the southern headland Cape St George. In August 1791, the bay was entered and named by Lieutenant Richard Bowen aboard the convict transport ship Atlantic of

1798-464: The Territory of New Guinea in an "administrative union" with the Territory of Papua, and the combined Territory of Papua and New Guinea was created. However, both territories remained technically distinct for some administrative and legal purposes, until 1975, when the combined entity eventually was given independence as Papua New Guinea. Nauru was previously under the German colonial empire as part of

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1856-558: The area. The park itself encompasses approximately 90% of the territory of Jervis Bay and covers the overlap between Australia's northern and southern climatic zones. Ancient sand dunes overlay the sedimentary bedrock formations formed from upheaval of the surrounding marine environment 280–225 million years ago. There are three small lakes within the territory: Lake Windermere, the largest, with an area of 31 ha (77 acres); Lake Mckenzie, 7 ha (17 acres); as well as Blacks Waterhole measuring 1.4 ha (3.5 acres). Bowen Island, at

1914-462: The bay in 1819. During the negotiations that led to Federation , three major agreements were reached regarding proposed federal territories, including (in particular) the capital city of the proposed federation. First, it was decided that a new, purpose-built city, located within the borders of New South Wales (NSW), should become the federal capital. Second, to allay fears that such a location would give NSW too much influence on federal politics, it

1972-413: The central government. Norfolk Island's status is controversial, with the present (as of 2018 ) government taking measures to integrate the territory into Australia proper (including representation in parliament and compulsory voting). The Norfolk Islanders have not formally consented to this change in constitutional status and assert that they are not Australian. Two internal territories established by

2030-521: The entrance to the bay 230 m (750 ft) north of Governors Head, is 51 ha (130 acres) in area. It has rookeries for the little penguin Eudyptula minor . There are two villages in the Jervis Bay Territory. They are both covered by postcode 2540. Listed from north to south, they are: There are several private leasehold properties in the Jervis Bay Territory, within but not part of Booderee National Park . Among these leasehold properties

2088-648: The functions of the head of the Executive – commissioning government, proroguing parliament and enacting legislation – are exercised by the Assembly itself and by the chief minister . Jervis Bay Territory is the only non-self-governing internal territory. Until 1989, it was administered as if it were a part of the ACT, although it has always been a separate territory. Under the terms of the Jervis Bay Territory Acceptance Act 1915 ,

2146-405: The government of NSW also agreed, in principle, that the federal government could build and take full control of a proposed rail corridor between Canberra and Jervis Bay, although this was never implemented. The area of land and water owned by the Wreck Bay Aboriginal Community Council in the JBT is approximately 68 km (26 sq mi), which is about 90% of the land. The remaining land in

2204-462: The governor will appoint as premier whoever leads the party or coalition which exercises control of the lower house (in the case of Queensland, the only house) of the state parliament. However, in times of constitutional crisis , the governor can appoint someone else as premier. The head of government of the self-governing internal territories is called the "chief minister". The Northern Territory's chief minister, in normal circumstances whoever controls

2262-612: The laws of the ACT apply to the Jervis Bay Territory insofar as they are applicable and providing they are not inconsistent with an ordinance. Although residents of the Jervis Bay Territory are generally subject to laws made by the ACT Legislative Assembly, they are not represented in the assembly. They are represented in the Parliament of Australia as part of the Electoral Division of Fenner (named

2320-708: The legislative assembly, is appointed by the administrator. The term interstate is used within Australia to refer to a number of events, transactions, registrations, travel, etc. which occurs across borders or outside of the particular state or territory of the user of the term. Examples of use include motor vehicle registration, travel, applications to educational institutions out of one's home state. There are very few urban areas bifurcated by state or territory borders. The Queensland-New South Wales border runs through Coolangatta (Queensland) and Tweed Heads (New South Wales) and splits Gold Coast Airport . Oaks Estate ,

2378-480: The new Commonwealth of Australia. The two territory governments (the Australian Capital Territory [ACT] and the Northern Territory [NT]), were created by legislation of the Federal Parliament—the NT in 1978 and the ACT in 1988. The legislative powers of the states are protected by the Australian constitution , section 107, and under the principle of federalism , Commonwealth legislation only applies to

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2436-481: The offence is committed elsewhere outside Australia. The Commonwealth contracts the ACT government to provide various services like courts, education and welfare, the Government of New South Wales for rural fire services and community health, Shoalhaven City Council for waste collection and library services, and commercial providers for electricity and water supplies. At the 2021 census , 310 people lived in

2494-481: The second level of government of Australia . The states are partially sovereign , administrative divisions that are self-governing polities , having ceded some sovereign rights to the federal government. They have their own constitutions , legislatures , executive governments , judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like

2552-419: The states in practice, but are still legally subordinate to the federal government. Australia has six federated states : New South Wales (including Lord Howe Island ), Queensland , South Australia , Tasmania (including Macquarie Island ), Victoria , and Western Australia . Australia also has ten federal territories , out of which three are internal territories : the Australian Capital Territory ,

2610-729: The states where permitted by the constitution. The territories, by contrast, are from a constitutional perspective directly subject to the Commonwealth government ; laws for territories are determined by the Australian Parliament. Most of the territories are directly administered by the Commonwealth government, while two (the Northern Territory and the Australian Capital Territory) have some degree of self-government although less than that of

2668-412: The states. In the self-governing territories, the Australian Parliament retains the full power to legislate, and can override laws made by the territorial institutions, which it has done on rare occasions. For the purposes of Australian (and joint Australia-New Zealand) intergovernmental bodies, the Northern Territory and the Australian Capital Territory are treated as if they were states. Each state has

2726-604: The territory is governed under the laws of the Australian Capital Territory , by the Jervis Bay Administration, which handles matters normally concerned with local or state government. The ACT also provides primary school teachers and Australian Federal Police staffing. Residents have access to the ACT judicial system, but are not represented in the Legislative Assembly . Although they are subject to ACT law and some services are contracted by

2784-399: The territory, the majority working and living at the Royal Australian Navy (RAN) base HMAS Creswell . Vincentia is the nearest town, roughly 3 km (2 mi) north of the border. Having 65.7 km (25 sq mi) of land and 8.9 km (3 sq mi) marine reserve, Jervis Bay Territory is the smallest of all the mainland states and territories of Australia. Jervis Bay

2842-401: The three self-governing territories, the ACT, the Northern Territory, and Norfolk Island, each have unicameral legislative assemblies. The legislative assembly for the ACT is the only parliament with responsibility for both state/territory and local government functions. The head of government of each state is called the "premier", appointed by the state's governor. In normal circumstances,

2900-475: Was accepted by Australia in 1934 and was annexed to the Northern Territory prior to adoption of the Statute of Westminster in 1942, deemed effective from 1939; it has thus become part of Australia. Each external territory is regulated by an Act of the federal Parliament. These Acts contain the majority of provisions determining the legal and political structure applying in that external territory. Under s 122 of

2958-404: Was also agreed that an area including the new city would be exclaved from NSW – to become a small, separate federal territory. Third, it was also considered desirable, at the time, that the responsibilities and powers of the federal government should include direct control of, and jurisdiction over, at least one port and, therefore, an area of coastline. Although the site of the capital city

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3016-455: Was an Australian Public Service department of the Government of Australia that existed between December 2017 and May 2019, charged with the responsibility for infrastructure and major projects, transport, local government , external territories administration, rural and regional development, population policy, and cities. When created on 20 December 2017, the department replaced the Department of Infrastructure and Regional Development . It

3074-469: Was dissolved and remade as the Department of Infrastructure, Transport, Cities and Regional Development by Administrative Arrangements Orders made on 29 May 2019. The department was headquartered in the Canberra central business district at Infrastructure House and the neighbouring building to Infrastructure House. In an Administrative Arrangements Order made on 20 December 2017, the functions of

3132-432: Was established in the 1890s. Descendants of the Ellmoos family lived at Christian's Minde (Block 14), Ellmoos (Block 9) and Ardath (Block 11) for over 130 years, and continue to live at Kullindi (Block 10) today. Members of the extended family are buried in a cemetery, which is surrounded by dense bush and is managed by the local Wreck Bay Aboriginal Community. Other leaseholds in Jervis Bay Territory are Pamir (Block 12) which

3190-423: Was founded in 1788 and originally comprised much of the Australian mainland, as well as Lord Howe Island , New Zealand , Norfolk Island , and Van Diemen's Land , in addition to the area currently referred to as the state of New South Wales. During the 19th century, large areas were successively separated to form the Colony of Tasmania (initially established as a separate colony named Van Diemen's Land in 1825),

3248-409: Was not decided until 1908, all of the seriously considered sites were substantial distances inland; thus it was also acknowledged (if only implicitly) that the capital and the port would be in separate, non-contiguous areas, inasmuch as any contiguous path from Canberra to the coast would have required New South Wales to surrender a great deal of territory. Ownership of Crown land in the Jervis Bay area

3306-471: Was the proposed location for a nuclear power plant . The project, which was to be on the south east corner of the bay near Murray's Beach , was cancelled in 1971. This was after preparatory excavation and levelling had been done and an access road constructed between the site and the territory border. The levelled area is now the car park for Murray's Beach and its adjacent boat ramp. States and territories of Australia The states and territories are

3364-401: Was transferred from the NSW government to the federal government in 1909 (at the same time that ownership of the site of Canberra and the surrounding area was also relinquished by NSW). In 1915, jurisdiction over the Jervis Bay Territory was also transferred from New South Wales to the Commonwealth. To reduce the practical difficulties presented by the physical separation of the two territories,

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