EXCLUSIVE ECONOMIC ZONE ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

Establishment of Zone

   3   Establishment of Zone

   4   Rights in and jurisdiction over Zone

   5   Rights and duties of other States in Zone

 

Exploration for and Exploitation of Living and Non-Living Resources of the Zone

   6   Exploration for and exploitation of living resources of the Zone

   7   Exploration for and exploitation of non-living resources of the Zone

   8   Grant of licence for exploration for or exploitation of living or non-living resources of the Zone

   9   Application of enactments to Zone

   10   Extension of jurisdiction of the Courts and any other authority to Zone

   11   Minister may make order regarding issue or revocation of licence

   12   Person prejudiced by order of forfeiture may apply to Court for revocation

 

Powers and Duties of Marine Officers

   13   Powers of Marine Officer

   14   Procedure consequent on detention or seizure in the Zone

   15   Diplomatic or consular officer to be informed regarding seizure of vessel

   16   Provision regarding proceeds of sale and compensation

   17   Proceedings against the Crown, Marine Officer or person acting in his aid

 

General

   18   Offences committed within the Zone

   19   Other indictable offences

   20   Minister may amend Schedule

   21   Regulations

      SCHEDULE

 

THE EXCLUSIVE ECONOMIC ZONE ACT

[Date of Commencement: 31st December, 1991]

Act 33 of 1991.

Preliminary

1   Short title

   This Act may be cited as the Exclusive Economic Zone Act.

2   Interpretation

   In this Act-

   "Convention" means the United Nations Convention on the Law of the Sea signed in Montego Bay on the 15th day of December, 1982;

   "fish" means any aquatic animal whether piscine or not and includes shellfish, turtle, mollusc, crustacean, coral, sponge, enchinoderms, their young and their eggs;

   "living resources" includes fish and all other forms of aquatic life;

   "Marine Officer" means any officer employed to the Customs and Excise Department, any game warden approved as such under the Wild Life Protection Act, any member or officer of the Jamaica Constabulary Force, any member or officer of the Jamaica Defence Force or any public officer designated a Fishery Inspector under the Fishing Industry Act and any other public officer designated a Marine Officer by the Minister;

   "scheduled enactment" means-

   (a)   an enactment specified in the Schedule; or

   (b)   regulations made under an enactment so specified, containing provisions regulating an activity which, for the time being having regard to the circumstances of the case, is required to be authorised by licence;

   "vessel" includes any canoe, lighter, floating platform, decked boat, carrier vessel, vessel equipped with inboard or outboard motor or any other sea-going vessel, whether surface craft or submarine;

   "Zone" means the Exclusive Economic Zone established under section 3.

<IN:LF:0.1,RT:0.1,FI:0>Establishment of Zone

3   Establishment of Zone

   (1) There is established beyond and adjacent to the territorial sea of Jamaica a Zone to be known as the Exclusive Economic Zone.

   (2) The Zone shall have as its inner limit the boundary line of the seaward limit of the territorial sea and, subject to subsection (3), as its outer limit a boundary line which is at every point a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea is measured.

   (3) Where the" outer limit referred to in subsection (2) intersects the outer limit of the exclusive economic zone of any other State whose coasts are opposite or adjacent to Jamaica, delimitation of the boundaries of the Zone for Jamaica and that State shall be effected by agreement on the basis of international law as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.

4   Rights ill and jurisdiction over Zone

   In the Zone there is vested in the Crown-

   (a)   sovereign rights in respect of-

         (i)   the exploration, exploitation, conservation, protection and management of the natural resources, whether living or non-living, of the waters superjacent to the sea-bed, and of the sea-bed and its subsoil;

         (ii)   all other activities for the economic exploitation and exploration of the Zone, including the production of energy from the water, currents and winds;

   (b)   exclusive rights and jurisdiction in respect of the authorisation and regulation of the construction, operation, maintenance and use of artificial islands, installations and structures;

   (c)   jurisdiction in respect of-

         (i)   the authorisation, regulation and control of scientific research and the recovery of archaeological or historical objects;

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

   (d)   all other rights and jurisdiction as are recognised by the Convention or by international law.

5   Rights and duties of other states in Zone

   Subject to the provisions of this Act, all States have in the Zone the rights and duties of States as specified in the Convention with respect to the freedoms of navigation and overflight and of the laying of submarine cables and pipe-lines and other internationally lawful uses of the sea related to such freedoms.

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