Maritime Zones Act

Jurisdiction: Seychelles
Citation: Act 2 of 1999
Date: 30 June 2012
Language: English
Type: Legislation
Download: Download PDF (282.1 KB)

Seychelles

Maritime Zones Act

Act 2 of 1999

Commenced on 1 July 2000
[This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]

[Act 2 of 1999; *Act 5 of 2009]

Part I – Preliminary

1. Short title

This Act may be cited as the Maritime Zones Act.

2. Interpretation

In this Act—"Archipelagic State" means a state constituted wholly by one or more Archipelagoes and may include other islands;"archipelagic waters" means the archipelagic waters of Seychelles as defined in section 6;"archipelagic sea lanes passage" has the meaning assigned by section 18;"authorised officer" means an authorised officer appointed under section 23(5);"baselines" means the baselines as determined in accordance with section 3;"contiguous zone" means the contiguous zone of Seychelles as defined in section 8;"continental shelf"' means the continental shelf of Seychelles as defined in section 11;"Convention" means the United Nations Law of the Sea Convention of 1982;"equidistance line" as between Seychelles and a foreign state means the line every point of which is equidistant from the nearest point of the baselines and the corresponding baselines of the foreign state;"exclusive economic zone" means the exclusive economic zone of Seychelles, as defined in section 9;"foreign state" means a state other than Seychelles;"foreign ship" means a ship of or registered in a foreign state;‘innocent passage’ has the meaning assigned by section 17;"internal waters" has the meaning assigned by section 5;"limit", in relation to archipelagic waters, the territorial sea, the contiguous zone, the continental shelf and the exclusive economic zone, means the limit of such waters, sea, shelf or zone with reference to the individual or composite group or groups of islands constituting the territory of Seychelles;"low-water line" means the low-water line of the coast or reefs of Seychelles at the lowest astronomical tide;"operator", in respect of a ship, means the owner or operator of the ship;"nautical mile" means the "international nautical mile of 1852 metres;"Regulations" means the regulations made under section 33;"ship" means a vessel, boat or sea-craft of any kind and includes a submarine;"submarine" means an underwater vehicle however propelled;"territorial sea" means the territorial sea of Seychelles as defined in section 4.

Part II – Territorial sea, internal waters, archipelagic waters and contiguous zone

3. Baselines

(1)Seychelles is an archipelagic state and has defined the baselines for the purpose of delimiting its maritime zones as follows—

(a)The low-water line; or

(b)where the President has prescribed archipelagic baselines under subsection (2).

(2)The President may, by Order published in the Gazette, prescribe, subject to such limitation and exception as the President may specify in the Order archipelagic baselines as baselines.

(3)The President shall, in the Order published under subsection (2), identify the baselines—

(a)by reference to charts of a scale which is adequate to ascertain the position of the baselines; or

(b)by listing the geographical co-ordinates of points of the baselines, specifying the geodetic datum.

4. Limits of the territorial sea

The limit of the territorial sea is the line every point of which is at a distance of twelve nautical miles from the nearest point on the baselines.

5. Internal waters

(1)The internal waters of Seychelles comprise the areas of the sea that are on the landward side—

(a)of the low water-line; or

(b)where the President has, by Order published in the Gazette, prescribed closing lines under subsection (2), of the closing lines.

(2)The President may, by Order published in the Gazette, prescribe closing lines for the purpose of delimiting any of the internal waters of Seychelles.

6. Archipelagic waters

The archipelagic waters of Seychelles comprise the areas of the sea on the landward side of any straight archipelagic baselines, established as provided under section 3, up to the seaward limit of the internal waters.

7. Sovereign jurisdiction over internal waters, territorial sea and archipelagic waters

The sovereign jurisdiction of Seychelles extends and has always extended to the internal waters, territorial sea and archipelagic waters of Seychelles and the sea bed and subsoil underlying, and the air space over, such sea and waters.

8. Contiguous zone

(1)Subject to subsection (2), the contiguous zone of Seychelles comprises the areas of the sea that are beyond and adjacent to the territorial sea having, as their seaward limit, a line measured seaward from the baselines every point of which is twenty-four nautical miles distant from the nearest point on the baselines.

(2)The contiguous zone shall not extend into any part of the territorial sea of a foreign state, determined in accordance with the Convention, and, where appropriate, subsection (1) shall operate as though it were modified to the extent necessary to meet the requirement of this subsection in any particular case.

(3)Seychelles has and may exercise in respect of the contiguous zone such powers and authorities as may be necessary to prevent or punish the infringement within Seychelles, including the territorial sea and archipelagic waters, of any written law with respect to customs, fiscal, immigration or sanitation.

Part III – Exlusive economic zone and continental shelf

9. Exclusive economic zone

Subject to any Order made under section 13(2) with respect to the delimitation of the exclusive economic zone, the exclusive economic zone of Seychelles comprises the areas beyond and adjacent to the territorial sea, having, as their seaward limit, a line measured seaward every point of which is at a distance of 200 nautical miles from the nearest point on the baselines.

10. Rights and jurisdiction in relation to the exclusive economic zone

Subject to this Act, Seychelles has, and has always had, in relation to the exclusive economic zone—

(a)sovereign rights for the purpose of the exploration, exploitation, conservation and management of the natural resources, whether living or non-living, of the seabed of the zone and the subsoil of and superjacent waters to the seabed as well as for producing energy from tides, winds and currents;

(b)exclusive rights to construct and to authorise and regulate the construction, operation and use of —

(i)artificial islands;

(ii)installations and structures, for the purposes provided for under paragraph (a) or any other economic purposes;

(c)exclusive rights to authorise and to regulate the construction, operation and use of, and jurisdiction over installations and structures which may interfere with the exercise by Seychelles of rights in respect of the exclusive economic zone;

(d)exclusive jurisdiction over artificial islands, installations and structures referred to in paragraph (b);

(e)exclusive jurisdiction to regulate, authorise and control marine scientific research;

(f)jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution; and

(g)such other rights and jurisdiction as are recognised by international law.

11. Continental shelf

(1)Subject to an Order made under section 13(2) with respect to the continental shelf, the continental shelf of Seychelles comprises the seabed and subsoil of the submarine areas that extend beyond the limit of the territorial sea throughout the natural prolongation of the land territory of Seychelles—

(a)to the outer edge of the continental margin; or

(b)to a distance of two hundred nautical miles from the baseline where the outer edge of the continental margin does not extend up to that distance.

(2)For the purposes of subsection (1), wherever the continental margin extends beyond 200 nautical miles from the nearest point on the baselines, the outer limits of the continental shelf shall be established and delineated with due regard to the requirements and limitations of international law.

(3)For the purposes of this section, the continental margin comprises the submerged prolongation of the land mass of Seychelles consisting of the seabed and subsoil of the continental shelf, the slope and the rise, but does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.

12. Rights and jurisdiction in relation to the continental shelf

(1)Subject to this Act, Seychelles has, and has always had, on or over the continental shelf—

(a)exclusive sovereign rights for the purpose of the exploration and exploitation of natural resources;

(b)rights and jurisdictions as are referred to in section 10(b) to (g) and for this purpose a reference to the exclusive economic zone in section 10(b) to (g) shall be deemed to be a reference to the continental shelf.

(2)In subsection (1) (a), "natural resources" means mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to the sedentary species being organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move exceptin constant physical contact with the seabed or subsoil.

13. Delimitation of exclusive economic zone and continental Shelf

(1)Where the exclusive economic zone or the continental shelf of Seychelles determined in accordance with this Act would extend into the exclusive economic zone or the continental shelf, determined in accordance with the Convention, of an adjacent or opposite state, the exclusive economic zone or the continental shelf of Seychelles shall be determined by agreement between Seychelles and the other state or, in the absence of an agreement, in accordance with international law.

(2)The President may, for the purpose of giving effect to an agreement or other determination under subsection (1), by Order published in the Gazette, specify the limit of the exclusive economic zone or the continental shelf of Seychelles generally or with regard to a particular area of the exclusive economic zone or the continental shelf.

14. Submarine cables and pipelines

(1)Seychelles shall—

(a)respect submarine cables laid by any foreign state before the coming info operation of this Act and passing through archipelagic waters without making a landfall; and

(b)permit the maintenance and replacement of any such cables upon receiving notice of their location and the intention to repair or replace them.

(2)Seychelles shall not impede the laying or maintenance by a foreign state of submarine cables and pipelines on the sea bed of the exclusive economic zone or the continental shelf.

(3)Nothing in subsection (2) shall operate to prejudice—

(a)the exercise by Seychelles in relation to the exclusive economic zone or continental shelf of any rights or the jurisdiction referred to in section 10 or section 12;

(b)the right of Seychelles to establish conditions for cables and pipelines entering its territory or to exercise its jurisdiction over cables and pipelines constructed or used in connection with the exploration of the exclusive economic zone or the continental shelf or the exploitation of its natural resources, or the operation of artificial islands, installations and structures under its jurisdiction.

Part IV – Rights of passage

15. Freedoms of navigation and overflight

Subject to the exercise by Seychelles of its sovereign rights and exclusive jurisdiction within its exclusive economic zone or over its continental shelf, ships and aircraft of foreign states shall, in accordance with the principles, practice and provisions of international law as are provided for under this Act, enjoy in the exclusive economic zone and over the continental shelf—

(a)freedom of navigation; and

(b)freedom of overflight.

16. Entitlement to innocent passage in territorial sea and archipelagic waters by foreign ships

(1)Without prejudice to any other written law but subject to subsections (2), (3) and (4), foreign ships/shall enjoy the right of innocent passage through the territorial sea and archipelagic waters.

(2)Foreign warships may only enter or pass through the territorial sea or archipelagic waters after giving notice to, and obtaining prior authorisation of, the Port Authorities of Seychelles.

(3)Submarines shall, while passing through the archipelagic waters or territorial sea navigate on the surface and show their flag.

(4)A nuclear-powered foreign ship or foreign ship carrying any nuclear substance or any other radioactive substances or materials, wishing to exercise the right of innocent passage shall give notice to, and obtain the prior authorisation of the Port Authorities of, Seychelles before doing so.

(5)The President may, by Order published in the Gazette, suspend the right of innocent passage for such temporary period, and in such parts of the archipelagic waters or the territorial sea, as are specified in the Order, where the President is satisfied that it is essential to do so for the protection of the security of Seychelles, including weapons exercises.

17. Innocent passage

(1)Innocent passage means passage that is continuous and expeditious and not prejudicial to the peace, good order or security of Seychelles, for the purpose of—

(a)traversing the territorial sea or archipelagic waters without entering internal waters or calling at a roadstead or port facility outside internal waters; or

(b)proceeding to or from internal waters or a call at such a roadstead or port facility.

(2)Subject to subsection (3), the passage of a foreign ship is prejudicial to the peace, good order and security of Seychelles if, without the authority for doing so, the ship engages, within the archipelagic waters or territorial. sea in any of the following activities—

(a)any threat or use of force against the sovereignty, territorial integrity or political independence of Seychelles or acts in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;

(b)the launching, landing or taking on board of any aircraft or military device;

(c)any exercise or practice with weapons of any kind;

(d)any act aimed at collecting information to the prejudice of the defence or security of Seychelles;

(e)any act by way of propaganda aimed at affecting the defence or security of Seychelles;

(f)the taking on board or off-landing of any person, commodity or currency contrary to the customs, fiscal, immigration or sanitary laws and regulations of Seychelles;

(g)any fishing activities or extracting of living and non-living resources;

(h)any act of pollution calculated or likely to cause damage or harm to Seychelles, its people, resources or environment;

(i)the carrying out of research or survey activities;

(j)any act aimed at interfering with any system of communication or telecommunication or other facilities or installations whether such system, facilities or installations are on land or on the sea or under the sea;

(k)such other activity not having a direct bearing on passage or is designed to hamper international navigation.

(3)The passage of a foreign warship in the territorial sea or archipelagic waters is prejudicial to the peace, good order or security of Seychelles if the warship navigates in the archipelagic waters or the territorial sea without the prior notice and authorisation required under section 16(2).

(4)For the purposes of this section—

(a)the passage of a foreign ship does not cease to be continuous and expeditious by reason only of the ship stopping or anchoring, if the stopping or anchoring is—

(i)incidental to ordinary navigation;

(ii)rendered necessary by force majeure or distress; or

(iii)for the purpose of rendering assistance to persons, ships or aircraft in danger or distress; and

(b)a foreign ship has authority to engage in an activity of the kind referred to in subsection (2) if it does so with —

(i)the prior permission of the Port Authorities of Seychelles; or

(ii)under the authority of a written law, or of a licence, lease or other authority lawfully given or issued under a written law of Seychelles.

(5)In exercising the right of innocent passage, a foreign ship shall comply with—

(a)the laws of Seychelles, order, direction, licence or any other authority relating to the exercise of innocent passage throughthe archipelagic waters or territorial sea with respect to—

(i)the safety of navigation and the regulation of maritime traffic;

(ii)the protection of navigational aids and facilities and other facilities or installations;

(iii)the protection of cables and pipelines;

(iv)the conservation of the living resources of the sea;

(v)the prevention of the infringement of fisheries laws and regulations of Seychelles;

(vi)the prevention of the infringement of customs, fiscal, immigration or sanitary laws and regulations of Seychelles;

(vii)marine scientific research and hydrographic surveys;

(viii)the preservation of the environment of Seychelles and the prevention, reduction and control of pollution;

(b)all generally accepted international regulations relating to the prevention of collision at sea.

18. Archipelagic sea lanes passage

(1)Every foreign ship or aircraft may, subject to and in accordance with this Act and international law, exercise the right of archipelagic sea lanes passage.

(2)Subject to subsection (5), the right of archipelagic sea lanes passage shall be exercised only through sea lanes or air routes designated pursuant to section 19.

(3)In exercising the right of, archipelagic sea lanes passage, a foreign ship shall observe—

(a)generally accepted international regulations, procedures and practices for safety at sea, or for the prevention, reduction and control of pollution from ships which have effect in the archipelagic waters;

(b)the provisions of any written law, order, direction, licence and any other authority which have effect in the archipelagic waters for or with respect to—

(i)the safety of navigation, the regulation of maritime traffic or the use of sea lanes, or traffic separation schemes;

(ii)fishing vessels and the prevention of fishing, including the stowage of fishing gear;

(iii)customs, excise, fiscal, immigration or sanitary laws and regulations in relation to the loading or unloading of any commodity, currency or person; and

(iv)the prevention, reduction and control of pollution, which give effect to international regulations regarding the discharge of oil, oily wastes and other noxious substances in the archipelagic waters.

(4)In exercising the right of archipelagic sea Lanes passage, a foreign aircraft shall—

(a)observe the Rules of the Air established by the International Civil Aviation Organisation as they apply to civil aircraft, and a foreign aircraft shall normally comply with such safety measures, and shall at all times operate with due regard for safety of navigation; and

(b)at all times monitor the radio frequency assigned by the appropriate internationally designated air traffic control authority or the appropriate international distress radio frequency.

(5)Archipelagic waters have been designated under section 19, the right of archipelagic sea lanes passage may be exercised through lanes or routes normally used for international navigation.

(6)Navigation by a foreign ship or aircraft through or over archipelagic waters does not cease to be continuous and expeditious by reason only of any activity of the ship or aircraft rendered necessary by force majeure.

(7)In this section, "right of archipelagic sea lanes passage" means the right of navigation and overflight in normal mode for the purpose of continuous, expeditious and unobstructed transit between—

(a)one part of the high seas or the exclusive economic zone; and

(b)another part of the high seas or the exclusive economic zone.

19. Sea lanes and air routes

The President may, by Order published in the Gazette—

(a)designate sea lanes and air routes to be used for or in connection with the exercise of the right of archipelagic sea lanes passage under this Act; and

(b)prescribe traffic separation schemes.

Part V – Jurisdiction, enforcement and offences

20. Criminal jurisdiction with regard to persons on board a foreign ship

(1)Subject to subsection (2) and section 23, Seychelles does not have criminal jurisdiction In respect of an offence committed on board a foreign ship during its passage in the territorial sea and the authorities of Seychelles may not arrest a person or conduct an investigation on board the ship in respect of the offence.

(2)Subsection (l) does not apply—

(a)to an offence under this Act which is committed by a person on board a foreign ship, or under a written law which is made applicable under this Act to a person on board a foreign ship, while the foreign ship is in the territorial waters of Seychelles;

(b)where the foreign ship is a merchant ship or a ship which belongs to a foreign government and is being operated for commercial purposes and—

(i)the consequences of the offence extend to Seychelles;

(ii)the offence is of a kind likely to disturb the peace of Seychelles or good order of the territorial sea;

(iii)the assistance of the authorities of Seychelles has been requested by the master of the ship or a diplomatic agent or consular officer of the flag state of the ship;

(iv)the arrest or investigation is necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances; or

(v)the ship is passing through the territorial sea after leaving the internal waters of Seychelles.

(3)The authorities of Seychelles may no—

(a)arrest a person on board a foreign ship which is proceeding from a foreign port and passing through the territorial sea without entering internal waters of Seychelles in respect of a contravention committed before the ship entered the territorial sea; or

(b)conduct an investigation on board a foreign ship in respect of the contravention –unless the authorities of Seychelles—

(c)have reasonable ground for believing that as a result of the contravention there has been a substantial discharge causing or threatening significant pollution of the marine environment; or

(d)have reasonable ground for believing that as a result of the contravention there has been a discharge causing major damage or the threat of major damage to the coastline of Seychelles or any resource of its territorial sea or exclusive economic zone.

(4)Where subsection (3)(c) applies, the authorities of Seychelles may, where the ship refuses to give the authorities information about its identity, port of registry, last and next ports of call and any other information required to establish whether contravention of a kind referred to in subsection (3)(c) has occurred, undertake a physical inspection of the ship.

(5)Where subsection (3)(d) applies, the authorities of Seychelles may, unless the ship has posted reasonable bond or other security, detain the ship until the determination of the case.

21. Limited civil jurisdiction with regard to persons on board a foreign ship

(1)Subject to this section, a foreign ship passing through the territorial sea may not be stopped or diverted for the purpose of exercising civil jurisdiction in relation to a. person on board the ship.

(2)Subject to subsection (3), a person shall not arrest or levy execution against a foreign ship passing through the territorial sea for the purpose of any civil proceedings except where the proceedings are in respect of obligations or liabilities assumed or incurred in relation to the ship in the course, or for the purpose, of its voyage through the territorial sea.

(3)Subsection (2), in so far as it prohibits the arrest of, or levying execution against, a foreign ship, shall not apply in the case of a foreign ship which is lying in or passing through the territorial sea after leaving internal waters.

22. Jurisdiction of the courts of Seychelles

(1)A court in Seychelles has jurisdiction over the territory of Seychelles which includes the internal waters, the archipelagic waters and the territorial sea of Seychelles.

(2)The jurisdiction and power of the courts in Seychelles extend to the exclusive economic zone and the continental shelf of Seychelles for the purposes of giving effect to this Act and any other written law extended to the exclusive economic zone or the continental shelf under section 30.

23. Powers of authorised officers

(1)Where an authorised officer has reasonable ground to suspect that a foreign ship has contravened this Act or a written law which is enforceable under this Act or is involved in an activity which is prejudicial to the peace, good order or security of Seychelles in terms of section 17, the authorised officer may, in an area of the sea which falls within the jurisdiction of Seychelles under this Act or where international law confers such jurisdiction, without a warrant—

(a)stop, board and search the ship for the purpose of investigating the contravention or the activity;

(b)require to be produced, examine and make copies of any licence or log book, ship record or other shipping document;

(c)arrest the ship;

(d)arrest the captain or person in charge of the ship or any other person on the ship or who participated in the contravention or activity referred to in this subsection.

(2)Where a ship has been arrested, the ship and its crew shall be taken into port and delivered into the custody of the court and be dealt with in accordance with this Act.

(3)Where a ship is brought before the court under subsection (2), the court may—

(a)order that the ship be detained until the investigation 111 relation to the ship has been completed;

(b)order that the ship be released upon the posting of reasonable bond or security;

(c)order the release of the captain or any other person referred to in subsection (l)( d) upon the posting of reasonable bond or security;

(d)where any bond or security cannot be posted under paragraph (b) or paragraph (c), order the detention of the ship, captain or other person, as the case may be.

(4)In the exercise of the functions under this section, an authorised officer shall take care not to endanger the safety of navigation or otherwise create any hazard to the ship or shall not bring the ship to an unsafe port or anchorage or expose the marine environment to any unreasonable risks.

(5)The President may, for the purpose of this Act, appoint any person as an authorised officer.

24. Contravention of this Act

(1)Subject to subsection (2), where a foreign ship has contravened this Act or a written law which is enforceable under this Act or is involved in an activity which is prejudicial to the peace, good order or security of Seychelles in terms of section 17, each of the operator, captain, person in charge of the ship and members of the crew of the ship who participated in the contravention or activity is guilty of an offence and liable on conviction to a fine of R500,000 and imprisonment for 10 years.

(2)Unless an agreement to which the Republic of Seychelles and the foreign state where the ship is registered so provides, a court shall not, under subsection (1), impose a term of imprisonment on the operator, captain, person in charge or members of the crew of a ship in respect of an offence relating to the contravention of the fisheries laws of Seychelles.

(3)Notwithstanding any other written law, the court may, in addition to any sentence passed under subsection (1), order a person who has been convicted of an offence under the subsection to refund any expenses incurred by the authorities of Seychelles in connection with the pursuit, arrest and bringing into port of the ship and to make good any damage caused by or by the use of the ship or by a person on board the ship.

(4)An amount ordered to be paid under subsection (3) if unpaid is a civil debt in favour of the Republic of Seychelles and may be enforced as such.

(5)On a prosecution for an offence under subsection (I) it is a sufficient defence if the accused proves that the ship had, under section 17(4)(b), Authority under this Act to engage in the act or activity which is the subject of the offence.

25. Activities within the exclusive economic zone or on the continental shelf

(1)Subject to this Act, a person shall not within the exclusive economic zone or on the continental shelf—

(a)explore or exploit any resources of the exclusive economic zone or the continental shelf;

(b)carry out any search or excavation;

(c)conduct any research;

(d)drill on or construct, maintain or operate any artificial island, offshore-terminal, installation or other structure or device; or

(e)carry out any economic activity,

except under or in accordance with an agreement with Seychelles under this Act or another written law.

(2)A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine of R500,000 and imprisonment for 10 years.

26. Obstruction etc. of authorised officer

A person who obstructs or hinders an authorised officer in the exercise of the officer's function, or prevents the officer in carrying out the officer's function, under this Act is guilty of an offence and liable on conviction to a fine of R500,000 and imprisonment for 10 years.

Part VI – General

27. Charts of maritime zones etc.

The President shall cause to be prepared charts or lists of geographical co-ordinates specifying the geodetic datum, as the President thinks fit, showing all or any of the following matters—

(a)the baselines, low-water lines and any closing lines prescribed pursuant to section 5(2);

(b)the seaward limits of the territorial sea, the continental shelf, or the exclusive economic zone;

(c)the axis of sea lanes, air routes or traffic separation schemes designated pursuant to section 19.

28. Evidence of charts etc.

A document purporting to be certified by the President to be a true copy of a chart or list of geographical coordinates prepared pursuant to section 27 shall be received in any proceedings as conclusive evidence of any matterreferred to in that section and shown in the document.

29. Publication of charts etc.

The President shall cause—

(a)publicity to be given, in such manner as the President thinks appropriate, to charts or lists of geographical co-ordinates prepared pursuant to section 27; and

(b)a copy of each such chart or list to be deposited with the Secretary General of the United Nations.

30. Application of certain laws to exclusive economic zone or continental shelf

(1)The President may, by Order published in the Gazette, extend, with such exceptions and modifications as may be specified in the Order, the application of any written law to the exclusive economic zone or the continental shelf or any part thereof, and an enactment so extended shall have effect in relation to the exclusive economic zone or the continental shelf as the case may be.

(2)An Order made under subsection (1) shall be consistent with the international obligations of Seychelles.

31. Application of this Act

Where a provision of this Act is in conflict with the provision of any other written law, the provision of this Act shall prevail.

32. References to maritime zones in any law

(1)A reference in a written law—

(a)to "territorial waters" shall, in relation to any period after the commencement of this Act, be deemed to be a reference to the territorial sea construed in accordance with section 4;

(b)to a maritime zone shall, in relation to any such period, be construed in accordance with the provision of this Act relating to that zone.

(2)In subsection (1) (b), "maritime .zone" means

(a)the internal waters;

(b)the archipelagic waters;

(c)the territorial sea;

(d)the contiguous zone;

(e)the exclusive economic zone; or

(f)the continental shelf.

33. Regulations

(1)The President may make such regulations as the President considers necessary for carrying out the purposes of this Act and without prejudice to the foregoing, the President may make regulations for all or any of the following matters—

(a)the regulation of the conduct of any person in the archipelagic waters or territorial sea, in the exclusive economic zone or on the continental shelf;

(b)regulating, In relation to the exclusive economic zone—

(i)the exploration for, and exploitation, conservation and management of, natural resources (other than sedentary species) whether living or non-living, of the sea bed, sub-soil and superjacent waters;

(ii)other activities for the economic exploitation of the exclusive economic zone;

(iii)the protection and preservation of the marine environment and the prevention and control of marine pollution;

(iv)the construction, operation and use of artificial islands, installations and structures; and

(v)the authorisation and control of marine scientific research;

(c)regulating, in relation to the continental shelf—

(i)the exploration for, and exploitation and management of, natural resources;

(ii)the preservation of the marine environment and the prevention and control of marine pollution;

(iii)the construction, operation and use of artificial islands, installations and structures; and

(iv)the authorisation and control of marine scientific research;

(d)providing for such other matters as are necessary or expedient for giving full effect to the rights and jurisdiction of Seychelles in relation to the exclusive economic zone or the continental shelf;

(e)regulating, generally, the use of the internal waters, archipelagic waters or the territorial sea;

(f)providing for the exercise of powers and authorities in relation to the contiguous zone for the purposes of section 8 (3);

(g)prescribing fees to be paid under this Act whether in connection with any activity or otherwise; and

(h)providing as punishment for the contravention of regulations made under this Act for a fine not exceeding R100,000 or imprisonment not exceeding 5 years or for both such fine and imprisonment.

34. Repeal of Maritime Zones Act, 1977

(1)The Maritime Zones Act, 1977 is repealed.

(2)Notwithstanding the repeal of the Maritime Zones Act, 1977 by this Act, a statutory instrument made under the repealed Act and in force immediately before the commencement of this Act shall continue in force as if made under this Act until it is amended or repealed under this Act.

▲ To the top

History of this document

30 June 2012 this version

Consolidation

01 July 2000

Commenced

Subsidiary legislation

Title	Numbered title
Maritime Zone (Exclusive Economic Zone and Continental Shelf) Order, 2014	Statutory Instrument 70 of 2014
Maritime Zones (Baselines) Order, 2022	Statutory Instrument 81 of 2022
Maritime Zones (Contiguous Zone) Order, 2022	Statutory Instrument 82 of 2022
Maritime Zones (Continental Shelf) Order, 2012	Statutory Instrument 36 of 2012
Maritime Zones (Exclusive Economic Zone) Order, 2022	Statutory Instrument 83 of 2022
Maritime Zones (Extended Continental Shelf in the Northern Plateau Region) Order, 2020	Statutory Instrument 79 of 2020
Maritime Zones (Extended Continental Shelf) Order, 2012	Statutory Instrument 34 of 2012
Maritime Zones (Territorial Sea) Order, 2022	Statutory Instrument 80 of 2022