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577 Department of External Affairs to Department of the Attorney- General

Memorandum 9 September 1947,

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HEARD ISLAND

I refer to your memorandum 47/63 of 1st September, 1947,
requesting certain information concerning Heard Island.

2. At a meeting of the Polar Committee in London on 13th March,
1947, a paper on the Prince Edward Islands and Heard Island
prepared by the Dominions and Foreign Offices was circulated in
which it was provisionally suggested that the following
possibilities might be considered:-

(a) The Islands might be attached to the Falkland Islands.

(b) The Prince Edward Islands might be annexed by the Union of
South Africa and Heard Island by the Commonwealth of Australia.

3. The paper pointed out that:-

'As regards legal claim to the Islands it appears doubtful whether
any but an inchoate British title now exists, and it is felt that
even this might not now be recognised as subsisting. Should the
Islands therefore be annexed as provisionally suggested at (a) and
(b) above, the annexing power would have to arrange at least that
they should be visited and to exercise some form of effective
control apart from the issue of the necessary Order-in-Council or
Letters Patent.'

4. Following discussions the Polar Committee agreed that the
Australian representative should ascertain the views of his
Government regarding Heard Island.

5. At the meeting of the Antarctic Planning Committee on l2th May,
1947, it was decided that a winter party should be left on Heard
Island in connection with the forthcoming Australian Antarctic
Expedition. Cabinet has now approved this action. The winter party
will survey the Island, carry out scientific investigations and
make meteorological observations.

6. Heard Island has never been settled at any stage of its history
and owing to its bleak climate and lack of vegetation it is
doubtful whether it is suitable for habitation.

7. Document AS 3748/453/G regarding Territorial claims in the
Antarctic issued by the Research Department of the Foreign Office
makes the following comments on page 131 with regard to British
sovereignty over Heard Island:-

'British sovereignty over the islands has at no time been disputed
or formally recognised by any other Government. It should be noted
that only one licence has been granted (to a British company), and
that this licence terminated in 1934. It may therefore be argued
that this does not constitute anything more than prima facie
evidence of British sovereignty. Furthermore, there remains a
doubt whether the islands may not now be regarded as having been
definitely abandoned. It does not appear that the islands have any
potential economic value apart from limited elephant sealing, and
there are no good harbours. It is possible, however, that Heard
Island might in the future be of strategic importance in
connection with air operations over the South Indian Ocean, since
there are several areas where landing strips could be built.'

8. The views of interested Commonwealth Departments have been
ascertained. Although the Defence Committee has decided that the
island is of no strategic value to Australia, the Department of
Civil Aviation has recommended annexation in view of possible
future use for air navigation. Moreover, the Council for
Scientific and Industrial Research has pointed out that it is
import-ant for Australia to have available a possible site for the
establishment of a meteorological station in the South Indian
Ocean. This Department is inclined to the opinion that it is in
Australia's long term interest to secure ownership of the Island
and is consulting the United Kingdom authorities as to the most
appropriate procedure in case the Australian Government may decide
on annexation. [1]

9. In the circumstances it does not appear that any advice from
your Department is necessary at the present stage of developments.

The Secretary of the Australian National Antarctic Research
Expedition has been so informed.

1 On 15 September a memorandum was dispatched instructing Heydon
to 'take up informally with the Foreign Office and other
appropriate authorities the general question of annexation',
noting that in view of advice received 'it may be considered of
advantage to assert a formal claim to sovereignty on behalf of
Australia'. It sought advice on timing and 'best method of
achieving this', and suggested that use might be made in
discussions of the fact that tentative arrangements had been made
to establish postal facilities.


[AA : A1068 A47/26/11]
Last Updated: 11 September 2013
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