Maritime Zones Act

Chapter number: 
122
In force: 
No

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

This Act was repealed and replaced by Act 2 of 1999 with effect from 1 July 2000.  The text below is reproduced for reference purposes only.

 

CHAPTER 122

 

                             THE MARITIME ZONES ACT

 

                                       (1st July, 2000)                            

 

                                                                        Act 2 of 1999

 

                                    ARRANGEMENT OF SECTIONS

 

SECTION

PART I

PRELIMINARY

 

 1.        Short title.

 2.        Interpretation.

 

PART II

TERRITORIAL SEA, INTERNAL WATERS, ARCHIPELAGIC

WATERS AND CONTIGUOUS ZONE

 

 3.        Baseline.

 4.        Limit of territorial sea.

 5.        Internal waters.

  1. Archipelagic waters.
  2. Sovereign jurisdiction over internal waters, territorial sea, archipelagic waters.
  3. Contiguous zone.

 

PART III

EXCLUSIVE ECONOMIC ZONE AND CONTINENTAL SHELF

 

  1. Exclusive economic zones.
  2. Rights and jurisdiction in relation to the exclusive economic zone.

 

  1. Continental shelf.
  2. Rights and jurisdiction in relation to the continental shelf.
  3. Delimitation of continental shelf and exclusive economic zone.
  4. Submarine cables and pipelines.
  5. Freedoms of navigation and overflight.
  6. Entitlement to innocent passage in territorial sea and archipelagic waters.
  7. Innocent passage.
  8. Archipelagic sea lanes passage.
  9. Sea lanes and air routes

 

PART V

JURISDICTION, ENFORCEMENT AND OFFENCES

 

  1. Criminal jurisdiction with regard to persons on board a foreign ship.
  2. Limited civil jurisdiction with regard to persons on board a foreign ship.
  3. Jurisdiction of the courts of Seychelles.
  4. Powers of authorised officer.
  5. Contravention of this Act.
  6. Activities on continental shelf and within the exclusive economic zone.
  7. Obstruction etc. of authorised officer.

 

PART VI

GENERAL

 

  1. Charts of maritime zones etc.
  2. Evidence of chart etc.
  3. Publication of charts etc.
  4. Application of certain laws to exclusive economic zone or continental shelf.

 

  1. Application of this Act.
  2. Reference to maritime zone in any law.
  3. Regulations.
  4. Repeal of Cap. 122

                                                                                  

 

PART I

PRELIMINARY

 

Short title                 1.   This Act may be cited as the Maritime Zones Act.

 

Interpretation           2.   In this Act ‑

 

“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);

 

"baseline" means the baseline 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;

 

 

“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 baseline 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 the 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 economic 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 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;

 

"submarines" includes underwater vehicles 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

 

Baseline                   3.(1) The baselines for the purpose of this Act shall be :

 

  1. the low-water line; or

 

  1. where the President has prescribed straight archipelagic baselines under subsection (1), the archipelagic baselines.

(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, as baselines straight archipelagic baselines.

 

 

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

 

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

 

  1. by listing the geographical co-ordinates of points of the baselines, specifying the geodetic datum.

 

 

Limit of                   4. The limit of the territorial sea is the line every point of

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

 

Internal waters         5.(1) The internal waters of Seychelles comprise the areas of the sea that are on the landward side -

 

  1. of the low-water line; or

 

  1. 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 prescribed closing lines for the purpose of delimiting any of the internal waters of Seychelles.

 

Archipelagic            6.  The archipelagic waters of Seychelles comprise the areas of

waters.                     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.

 

 

Sovereignty             7.   The sovereignty jurisdiction of Seychelles extends and

jurisdiction               has always extended to the internal waters, territorial sea and

over internal             and archipelagic waters of Seychelles and the seabed and

waters, territorial      subsoil underlying and the air space over, such sea and waters.

sea, archipelagic       waters.

waters.

 

Contiguous zone      8.(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 baseline 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

EXCLUSIVE ECONOMIC ZONE AND

CONTINENTAL SHELF

 

Exclusive                 9.   Subject to any Order made under section 13(2) with

 

economic zone.        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 a distance of 200 nautical miles from the baseline from the nearest point on the baselines.

 

Rights and                10.  Subject to this Act, Seychelles has, and has always

jurisdiction               had, in relation to the exclusive economic zone -

in relation to

the exclusive                  (a)  sovereign rights for the purposes of exploration,

economic zone                     exploitation, conservation and management of the nautical 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 -

 

  1. artificial islands;

 

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

 

  1. 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;

 

 

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

 

  1. exclusive jurisdiction to regulate, authorise and control marine scientific research;

 

  1. exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution ; and

 

(e)  such other rights as are recognised by international law.

 

Continental shelf     11.(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 -

 

  1. to the outer edge of the continental margin; or

 

  1. 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 shelf, the slopes and the rise, but does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.

 

Rights and               12.(1) Subject to this Act, Seychelles has, and has always had,

jurisdiction in           on or over the continental shelf -

relation to the

continental                     (a)  exclusive sovereign rights for the purpose of the

shelf                                     exploration and exploitation of natural resources;

 

  1. 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 except in constant physical contact with the seabed or subsoil.

 

 

Delimitation of        13.(1) Where the exclusive economic zone or the continental

continental shelf      shelf of Seychelles determined in accordance with this Act

and exclusive           would extend into the exclusive economic zone or the

economic zone         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.

 

Submarine cables     14.(1) Seychelles shall -

and pipelines

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

 

  1. 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 the pipelines on the sea bed of the exclusive economic zone or the continental shelf.

 

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

 

  1. 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;

 

 

  1. 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

 

Freedoms of            15.  Subject to the exercise by Seychelles of its sovereign

navigation                rights and exclusive jurisdiction within its exclusive economic

and overflight          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 -

 

  1. freedom of navigation; and
  2. freedom of overflight.

 

Entitlement to          16.(1) Without prejudice to any other written law but subject

innocent passage      to subsections (2), (3) and (4), foreign ships shall enjoy the

in territorial sea        right of innocent passage through the territorial sea and

and archipelagic       archipelagic waters.

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.

 

Innocent passage     17.(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 -

 

 

 

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

 

  1. 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 -

 

 

  1. 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;

 

  1. the launching, landing or taking on board of any aircraft or military device;

 

  1. any exercise or practice with weapons or any kind;

 

  1. any act aimed at collecting information to the prejudice of the defence or security of Seychelles;

 

  1. any act by way of propaganda aimed at affecting the defence or security of Seychelles;

 

 

  1. 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;

 

  1. any fishing activities or extracting of living and non- living resources;

 

  1. any act of pollution calculated or likely to cause damage or harm to Seychelles, its people, resources or environment;

 

  1. the carrying out of research or survey activities;

 

 

  1. 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;

 

  1. 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 -

 

  1. 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-

 

  1. incidental or ordinary navigation;

 

  1. rendered necessary by force majeure or distress; or

 

  1. for the purpose of rendering assistance to persons, ships or aircraft in danger or distress; and

 

  1. a foreign ship has authority to engage in an activity of the kind referred to in subsection (2), if it does so with-

 

 

  1. the prior permission of the Port Authorities of Seychelles; or

 

  1. 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 -

 

  1. the laws of Seychelles, order, direction, licence or any other authority relating to the exercise of innocent passage through the archipelagic waters or territorial sea with respect to:

 

  1. the safety of navigation and the regulation of maritime traffic;

 

  1. the protection of navigation aids and facilities and other facilities or installations;

 

  1. the protection of cables and pipelines;

 

  1. the conservation of the living resources of the sea;

 

  1. the prevention of the infringement of fisheries laws and regulations of Seychelles;

 

 

  1. the prevention of the infringement of customs, fiscal, immigration or sanitary laws and regulations of Seychelles;

 

  1. marine scientific research and hydrographic surveys;

 

  1. the preservation of the environment of Seychelles and the prevention, reduction and control of pollution;

 

  1. all generally accepted international regulations relating to the prevention of collision at sea.

 

Archipelagic sea      18.(1) Every foreign ship or aircraft may, subject to and in

lanes passage           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 -

 

  1. 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;

 

  1. 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 -

 

 

  1. the safety of navigation, the regulation of maritime traffic or the use of sea lanes, or traffic separation schemes;

 

  1. fishing vessels and the prevention of fishing, including the stowage of fishing gear;

 

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

 

  1. 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 -

 

  1. 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

 

  1. 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) Where no sea lanes or air routes through or over 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 -

 

  1. one part of the high seas or the exclusive economic zone; and

 

  1. another part of the high seas or the exclusive economic zone.

 

Sea lanes                  19.  The President may, by Order published in the Gazette -

and air routes

  1. 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

 

  1. prescribe traffic separation schemes.

 

PART V

JURISDICTION, ENFORCEMENT AND OFFENCES

 

 

Criminal juris-          20.(1) Subject to subsection (2) and section 23, Seychelles

diction with             does not have criminal jurisdiction in respect of an offence

regard to persons     committee on board a foreign ship during its passage in the

on board a                territorial sea and the authorities of Seychelles may not arrest

foreign ship              a person or conduct an investigation on board the ship in respect of the offence.

 

(2) Subsection (1) does not apply -

 

  1. to an offence under this Act which is committed by 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;

 

  1. 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 -

 

  1. the consequences of the offence extend to Seychelles;

 

  1. the offence is of a kind likely to disturb the peace of Seychelles or good order of the territorial seas;

 

  1. 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;

 

 

  1. the arrest or investigation is necessary for the suppression of illicit traffic in narcotic drugs or psycho-tropic substances; or

 

  1. the ship is passing through the territorial sea after leaving the internal waters of Seychelles.

 

(3) The authorities of Seychelles may not -

 

 

  1. 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

 

  1. conduct an investigation on board a foreign ship in respect of the contravention -

 

unless the authorities of Seychelles -

 

  1. 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

 

  1. 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 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 securities detain the ship until the determination of the case.

 

Limited civil            21.(1) Subject to this section, a foreign ship passing through the

jurisdiction               territorial sea may not be stopped or diverted for the purpose of

with regard              exercising civil jurisdiction in relation to a person on board the

to persons on           ship.

Board a foreign

ship                          (2) Subject to subsection (3), a person shall not arrest or levying 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 incurred in relation to the ship in the course, or for the purpose, 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 foreign ship which is lying in or passing through the territorial sea after leaving internal waters.

 

 

Jurisdiction              22.(1) A court in Seychelles has jurisdiction over the territories

of the courts            of Seychelles which includes the internal waters, the

of Seychelles           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 Seychelles for the purposes of giving effect to this Act and at other written law extended to the exclusive economic zone or to continental shelf under section 30.

Powers of                23.(1) Where an authorised officer has reasonable ground to

authorised officer    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 -

 

  1. stop, board and search the ship for the purpose of investigating the contravention or the activity;

 

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

 

  1. arrest the ship;

 

  1. 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 -

 

  1. order that the ship be detained until the investigation in relation to the ship has been completed;
  2. order that the ship be released upon the posting of reasonable bond or security;

 

  1. order the release of the captain or any other person referred to in subsection (1)(d) upon the posting of reasonable bond or security;

 

  1. 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, and 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.

 

Contravention          24.(1) Subject to subsection (2), where a foreign ship has

 

of this Act               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 enforced as such.

 

(5) On a prosecution for an offence under subsection (1) it is a sufficient defence if the accused proves that the ship had, under section 17(4)(b), authority under this Act to do or engage in the act or activity which is the subject of the offence.

 

Activities on            25.(1) Subject to this Act, a person shall not within the

continental shelf      exclusive economic zone or on the continental shelf -

and within the

exclusive                        (a)  explore or exploit any resources of the exclusive

economic zone                     economic zone or the continental shelf;

 

 

  1. carry out any research or excavation;

 

  1. conduct any research;

 

  1. drill on or construct, maintain or operate any artificial island, offshore terminal, installation or other structure or device; or

 

  1. 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.

 

Obstruction etc.       26.  A person who obstructs or hinders an authorised officer in

of authorised           the exercise of the officer’s function, or prevents the officer in

officer                      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

 

Charts of                  27.  The President shall cause to be prepared charts or lists

maritime zones         of geographical co-ordinates specifying the geodetic datum,

etc.                           as the President thinks fit , showing all or any of the following matters:

 

 

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

 

  1. the seaward limits of the territorial sea, the continental shelf, or the exclusive economic zone;

 

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

 

Evidence of             28.  A document purporting to be certified by the President

charts etc.charts etc.      be a true copy of a chart or list of geographical co-ordinate prepared pursuant to section 27 shall be received in any proceeding as conclusive evidence of any matter referred to in that section and shown in the document.

 

Publication               29.  The President shall cause -

of charts etc.

  1. publicity to be given, in such manner as the President thinks appropriate, to charts or lists of geographical ordinates prepared pursuant to section 27; and

 

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

 

Application of         30.(1) The President may, by Order published in the Gazette

certain laws to         extend, with such exceptions and modifications as may be

exclusive economic  specified in the Order, the application of any written law to the

zone or conti-           exclusion economic zone or the continental shelf or any part

nental shelf              thereof, and 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 consisted with the international obligations of Seychelles.

 

 

 

Application of         31.  Where a provision of this Act is in conflict with the

this Act                    provision of any other written law, the provision of this Act shall prevail.

 

Reference to            32.(1) A reference in a written law -

maritime zones

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

 

  1. 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 -

 

  1. the internal waters;

 

  1. the archipelagic waters;

 

  1. the territorial sea;

 

  1. the contiguous zone;

 

  1. the exclusive economic zone;

 

  1. the continental shelf.

 

 

 

 

Regulations              33.(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 the continental shelf;

 

(b)  regulating, in relation to the exclusive economic zone -

 

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

 

  1. other activities for the economic exploitation of the exclusive  economic zone;

 

  1. the protection and preservation of the marine environment and the prevention and control of marine pollution;

 

  1. the construction, operation and use of artificial islands, installations and structures; and

 

  1. the authorisation and control of marine scientific research;

 

 

  1. regulating, in relation to the continental shelf -
  2. the exploration for, and exploitation and management of, natural resources;

 

  1. the preservation of the marine environment and the prevention and control of marine pollution;

 

  1. the construction, operation and use of artificial islands, installations and structures; and

 

  1. the authorisation and control of marine scientific research;

 

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

 

  1. regulating, generally, the use of the internal water archipelagic waters or the territorial sea;

 

  1. providing for the exercise of powers and authorities relating to the contiguous zone for the purposes of section 8(3);

 

  1. prescribing fees to be paid under this Act whether connection with any activity or otherwise; and

 

 

  1. providing as punishment for the contravention 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.

Repeal of                 34.(1) The Maritime Zones Act, 1977 is repealed.

Cap. 122

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