Maritime Areas Act, 1984 (Act No. 3)

No.3 of 1984. Sections The Maritime Areas Aot, 19840 ARRANGEMENT OF SECTIONS Saint Christopher and Nevis. PART I PRELIMINARY 1. Short title and commencement. 2. Definitions. PART II MARITIME AREAS OF SAINT CHRISTOPHER AND NEVIS 3. Territorial sea. 4. Baseline of territorial sea. 5. Internal waters. 6. Contiguous zone. 7. Continental shelf. 8. Exclusive economic zone. 9. Delimitation of continental shelf or exclusive economic zone in certain cases. PART III RIGHTS IN RESPECT OF MARITIME AREAS OF SAINT CHRISTOPHER AND NEVIS 10. Sovereignty in respect of territorial sea. 11. Rights in respect of contiguous zone. 12. Rights in respect of exclusive economic zone and continental shelf. 13. Right to lay cables and pipelines. 14. Prohibited activities. PART IV AND INNOCENT PASSAGE TRANSIT PASSAGE 15. Interpretation. 16. Innocent passage. 17. Transit passage. 18. Engaging in prescribed activities prohibited. The Maritime Areas Act, 1984 - 3. PART V - CHARTS AND GEOGRAPHICAL CO-ORDINATES 19. Charts of maritime areas, etc. 20. Evidence of charts, etc. 21. Publicity with respect to charts, etc. PART VI - JURISDICTION OF COURTS AND OTHER LEGAL MATTERS 22. Jurisdiction. 23. Apprehension of certain offenders. 24. Arrest on board foreign vessel in territorial sea, etc. 25. Certificate of Attorney General. 26. Civil Jurisdiction. 27. Civil Jurisdiction in relation to foreign vessels in territorial sea. 28. Application of enactments to maritime areas. PART VII - REGULATIONS, SAVINGS AND AMENDMENTS 29. Regulations. 30. Amendments. SCHEDULE Amendments. No. 3 of 1984. The Marit.ime Areas Aot; 1984- Saint Chrt s toph e r and Nevis. I assent, CLEMENT A. ARRINDELL Oouernor-Oeneral-, 4th September, 1984. SAINT CHRISTOPHER AND NEVIS No. 3 of 1984 AN ACT to make provision with respect to the territorial sea and the continental shelf of Saint Christopher and Nevis; to establish a contiguous zone and an ex­ clusive economic zone adjacent to and beyond the territorial sea; and for related purposes. (By notice to be pubLished in the Gazette) BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows: PART I PRELIMINARY Short title and co..enceaent. 1. (1) This Act may be cited as the Mari­ time Areas Act, 1984. (2) This Act shall come into operation upon such date as the Minister may, by notice published in the Gazette, appoint. 2. In this Act, unless the context other- Definitions. wise requires "baseline of the territorial sea" means the baseline from which the breadth of the territorial sea is measured as described in section 4; "contiguous zone" means the contiguous zone of Saint Christopher and Nevis as described in section 6; 2 The Maritime Areas Act, 1984 - 3. "continental shelf''' means the con­ tinental. shelf' of' Saint Chris­ topher and Nevis as described in section 1 and, to the extent that section 9 applies, as delimited pursuant to section 9; "exclusive economic zone" means the exclusive economic zone of' Saint Christopher and Nevis as described in section 8 and, to the extent that section 9 applies, as delimited pursuant to section 9; "f'oreign vessel" means a vessel that (a) is registered in a f'oreign State; (b) belongs to an authority or instrumentality of a f'oreign State; or (c) is held by any person on behalf' of' , or f'or the benef'it of', a f'oreign State; "f'oreign State" means a State other than Saint Christopher and Nevis; "internal. waters" means the internal. waters of' Saint Christopher and Nevis as described in section 5; "maritime areas of' Saint Christopher and Nevis" means the internal. waters, the territorial. sea, the contiguous zone, the continental. shelf' and the exclusive economic zone; "master", in relation to vessel, means the person f'or the time being having command or charge of' the vessel; "Minister" means the Minister of' Foreign Aff'airs; "nautical. mile" means the international nautical. mile of' 1852 metres; 3 The Maritime Areas Act, 198,4, - 3. "resources" includes living and non­ living resources; "territorial sea" means the territorial sea of Saint Christopher and Nevis as described in sectio~ 3; "the Regulations" means regulations made under this Act. PART II MARITIME AREAS OF SAINT CHRISTOPHER AND NEVIS 3. (1) SUbject to subsection (2), the territorial sea of Saint Christopher and Nevis comprises those areas of the sea having, as their inner limits , the baseline of the territorial sea and, as their outer limits, a line measured seaward from that baseline, every point of which is 12 nautical miles distant from the nearest point of that baseline. (2) Whenever the equidistance line between Saint Christopher and Nevis and an adjacent State is less than 12 nautical miles from the nearest point of the baseline of the territorial sea, the delimitation of the territorial sea shall, if possible, be effected by agreement between Saint Christopher and Nevis and the adjacent State; but to the extent that no such agreement is effected, that equidistance line shall constitute the outer limits of the territorial sea. (3) In this section, "equidistance lille" as between Saint Christopher and Nevis and an adjacent State, means a line every point of which is equidistant from the nearest point of the baseline of the territorial sea and the corresponding baseline of the adjacent State. 4. (1) Except as otherwise provided in this section, the baseline from which the breadth of the territorial sea is measured shall be the low-water mark along the coast of Saint Christopher and Nevis, including the coast of all islands. Territorial sea. Baseline of territorial sea. 4 The Maritime Areas Aot, 1984 - 3. (2) In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured (a) where the bay has only one mouth, shall be a straight line joining the low-water marks of the natural entrance points; (b) where, because of the presence of islands, the bay has more than one mouth, shall be a series of straight lines across each of the mouths so as to join those low-water marks points. (3) For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of any harbour system shall be treated as forming part of the coast, but for that purpose off-shore installations and artificial islands shall not be considered as permanent harbour works. (4) The Minister may, whenever he con­ siders it necessary to do so having regard to international law and practice, by order published in the Gazette, direct that, to the extent set out, the baseline from which the breadth of the territorial sea is measured shall be as prescribed in, or determined by or in accordance with, the order. (5) In this section, "bay" means an iHdentation of the coast such that its area is not less than that of the semi-circle whose diameter is a line drawn across the mouth of the indentation. (6) For the purpose of the definition of "bay" in subsection (5) (a) the area of an indentation shall be taken to be the area bounded by the low-water mark around the shore of the in­ dentation and the straight line joining the low-water marks of 5 The Maritime Area8 Aot, 1984 - 3. its natural entrance points; (b) where, because of the presence of islands, an indentation has more than one mouth, the length of the diameter of the semi­ circle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths; and (c) in calculating the area of an indentation, the area of arty islands lying within it shall be treated as part of the area of the indentation. 5. The internal waters of Saint Christopher and Nevis comprise any areas of the sea that are on the landward side of the baseline of the territorial sea. 6. (1) The contiguous zone of Saint Chris­ topher and Nevis comprises those areas of the sea that are beyond and adjacent to the territoria1 sea having, as their outer limits, a line, measured seaward from the baseline of the territorial sea, everypoirtt of which is 24 nautical miles distant from the nearest point of that baseline. (2) The contiguous zone shall not extend into any part of the territorial sea of a foreign State and, where appropriate, the operation of subsection (1) shall be modified to the extent necessary to meet the requirement of this subsection. 7. (1) Subject to subsection (2) and section 9, the continental shelf of Saint Chris­ topher and Nevis comprises those areas of the seabed and subsoil of the submarine areas that are beyond and adjacent to the territorial sea throughout the natural prolongation of the land territory of Saint Christopher and Nevis to the outer edge of the continental margin, or to a distance of 200 nautical miles from the nearest poi nt of the ba sr-Li rie of the territorial sea Internal waters. Contiguous zone. Continental shelf. Exclusive econo.ic zone. Deli.ination of c..,tinental shelf or exclusive econo.ic zone in certain cases. 6 The Maritime Areas Act, 1984 - 3. when the outer edge of' the continental margin does not extend up to that distance. (2) For the purposes of' subsection (1)1 wh~rev€;r the continental margin extends beyond 200 nautical miles f'rom the nearest point of' the baseline of' the territorial seal the outer limit of' the continental shelf' shall be established with all due regard to the require­ ments and limitations of' international law relevant to the establishment and delineation of' the continental shelf' beyond that distance. (3) For the purposes of' this section, the continental margin comprises the SUbmerged prolongation of' the land mass of' Saint Chris­ topher and Nevis consisting of' the seabed and subsoil of' the shelf' I the slope and the rise I but does not include the deep ocean f'loor with its oceanic ridges or the subsoil thereof'. 8. Subject to section 91 the exclusive economic zone of' Saint Christopher and Nevis comprises those areas of' the sea that are beyond and adjacent to the territorial sea having I as their outer limits I a line, measured seaward f'rom the baseline of' the territorial seal every point of' which is 200 nautical miles distant f'rom the nearest point of' that baseline. 9. (1) Wherever the equidistance line between Saint Christopher and Nevis and an adjacent State is less than 200 nautical miles f'rom the nearest point of' the baseline of' the territorial sea (a) the delimitation of' the con­ tinental shelf shall be effected by agreement between Saint Christopher and Nevis and the adjacent State on the basis of international law in order to achieve an equitable settlement; and (b) the delimitation of exclusive economic zone be effected between the shall Saint line", and an 7 The Jlaritime Areas Act, 1984 - 3. Christopher and Nevis and the adjacent State on the basis of international law in order to achieve an equitable settle­ ment. (2) Where, in any case, an agreement of the kind referred to in paragraph (a) or (b) of subsection (1) cannot be reached, Saint Chris­ topher and Nevis shall have recourse to the procedures provided by international law for the settlement of any dispute. (3) Pending the delimitation of (a) the continental shelf pursuant to subsection (l)(a) or (2); or (b) the exclusive economic zone pursuant to subsection (l)(b) or (2), the equidistance line between Saint Christopher and Nevis and the adjacent State shall con­ stitute the outer limits of the continental shelf or, as the case may be, the exclusive economic zone, unless Saint Christopher and Nevis and the adjacent State make other pro­ visional arrangements with respect to those limits. (4) For the purpose of implementing any agreement under subsection (1), any settle­ ment pursuant to subsection (2) or any provisional arrangements under subsection (3), the Minister may, from time to time, by order published in the Gazette, declare that the continental shelf or the exclusive economic zone shall not extend to any specified area of the sea, seabed or subsoil that would otherwise be included therein by virtue of section 7 or, as the case may be, section 8, and the order, while it remains in force, shall have effect according to its tenor, notwithstanding anything in this Act. (5) In this section, "equidistance as between Saint Christopher and Nevis adjacent State, means a line every point Sovereignty in respect of territorial sea. Rights in respect of contiguous zone. Rights in respect of exclusive econo.ic zone and continental shelf. 8 The Maritime Areas Act, 1984 - 3. of' which is equidistant from the nearest point of the baseline of the territorial sea and the corresponding baseline of the adjacent State. PART III RIGHTS IN RESPECT OF MARITIME AREAS OF SAINT CHRISTOPHER AND NEVIS 10. The sovereignty in respect of ­ (a) the territorial sea; (b) the airspace over, and the sea­ bed under, that sea; and (c) the subsoil of that seabed, is, and shall be deemed always to have been, vested in Saint Christopher and Nevis, and, sUbject to international law, is exercisable by Saint Christopher and Nevis. 11. Saint Christopher and Nevis has and may exercise in respect of the contiguous zone such rights as may be necessary to prevent, or punish, the infringement, within Saint Chris­ topher and Nevis (including the territorial sea), of any enactment providing controls or prohibitions for or with respect to customs, excise, immigration or sanitation. 12. (1) Saint Christopher and Nevis has and may exercise in respect of the exclusive economic zone (a) sovereign rights (:1) for the purpose of the exploration for, and the exploitation, conservation and management of, resources of the waters superjacent to the seabed and of the seabed and sub­ soil; and (ii) for the production of energy from the waters, currents and winds; (b) jurisdiction with regard to 9 The Maritime Areas Aot, 1984 - 3. (1) the establishment and use of artificial islands 1 installa­ tions and structures; (ii) marine scientific research; and (iii) the protection and preserva­ tion of the marine environment; (c) the exclusive right to construct and to authorise and regulate the con­ struction, operation and use of (i) the artificial islands; (ii) installations and structures for the purposes provided for under paragraph (a) or any other eeonomic purposes; and (iii) installations and structures which may interfere with the exercise by Saint Christopher and Nevis of rights in respect of the exclusive economic zone; and (d) the exclusive right to regulate 1 authorise and conduct marine scientific research. (2) Saint Christopher and Nevis has and may exercise in respect of the continental shelf (a) sovereign rights for the purpose of the exploration for, and ·the exploitation, conservation and management of, natural resources; (b) the exclusive right to construct and to authorise and regulate the construction, operation and use of (i) artificial islands; (ii) installations and struc­ tures for the purposes provided for under paragraph (a) or any other economic purposes; and 10 The Maf'itime Areas Aot, 1984- - 3. (iii) .instal1ations and struc­ tures which may interfere with the exercise by Saint Christopher and Nevis of rights in respect of the continental shelf; and (c) the exclusive right to regulate, authorise and conduct marine scientific research. (3) In the exercise of jurisdiction and rights under subsection (1) in respect of the exc1usive economic zone, Saint Christopher and Nevis shall have due regard to the rights and duties of foreign States and shall act in a manner compatible with international law. (4) In the exercise of (a) rights under subsection (1) (a) (i) in respect of the seabed and subsoil of the exc1usive economic zone; or (b) rights under subsection (2)(a) in respect of the continental shelf, Saint Christopher and Nevis shall not infringe or unjustifiably interfere wi th rights of navigation or other rights and freedoms of foreign States, under international law. (5) The sovereign rights conferred by this section in respect of the continental shelf shall be deemed always to have been vested in Saint Christopher and Nevis. (6) In subsection (2) (a), "natural resources" means mineral and other non-d.Lving resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestab1e stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil. of the 11 The Maritime Areas Act, 1984 - :J. 13. (1) Subject to subsection (2), every foreign State may exercise, in accordance with international law, the right to lay cables and pipelines on the continental shelf or in the exclusive economic zone. (2) The right, under subsection (1), to lay cables or pipelines (a) shall not be exercised on any occasion unless there has first been obtained any consent required by or under the Regulations or any enactment in relation to the delineation of the course of the cables or pipelines to be laid on that occasion; (b) shall be exercised in con­ formity with the provisions of the Regulations, and any enactment, for or with respect to the prevention, reduction and control of pollution from pipelines; and (c) is subject to the exercise of rights or jurisdiction pursuant to section 12 for or with respect to the control or prevention of the laying of cables or pipelines in connec­ tion with the exploration for or exploitation. of, resources, or the use of artificial islands, installations or structures. 14. (1) No person shall (a) within the limits continental shelf (L) explore for or exploit the natural resources, as defined in section 12( 5); Rights to lay cables and pipe­ lines. Prohibited activities. 12 The Maritime Areas Aot, 1984 - 3. (11) conduct any marine scientific research; or (iii) construct, operate or use any artificial island, or any instal­ lation or structure for the purpose of the exercise of any right referred to in section 12(2)(b)(ii) or which may interfere wi th the exercise of rights referred to in section 12(2) (b) (iii); (b) within the limits of the exclusive economic zone [L) explore for or exploit the resources; (ii) produce energy from the waters, currents or winds; (iii) conduct any marine scientific research; (iv) establish, construct, operate or use any artificial island, or any installation or structure for the purpose of the exercise of any right or pur­ poses referred to in section l2(1)(c)(ii) or which may interfere with the exercise of rights referred to in section 12(1)(c)(iii); or (c) within the limits of the territorial sea engage in any of the activities referred to in paragraph (b), 13 The Maritime Areas Aot, 1984 - :;, except when authorised by, under or pursuant to this Act or any other enactment, or in any other lawful manner, to engage in the activity, and in accordance with the authorisation. (2) Any person who contravenes sub­ section (1) is guilty of an offence and liable on conviction to a fine not exceeding one hundred thousand dollars. (3) Where the owner or master of a vessel which is detained pursuant to section 23 (1) (c) is convicted of an offence against this section, the court may, in addition to any other penalty imposed, order that the vessel, includ­ ing any equipment on board the vessel used in the commission of the offence, shaLl, be forfeited to the Crown, and in that event the vessel and any such equipment shall be disposed of in such manner as the Minister shall order. PART IV - INNOCENT PASSAGE AND TRANSIT PASSAGE 15. (1) In this Part, unless the context otherwise requires "competent authority", in relation to any provision in this Part, means the Minister, and any person, or person belong­ ing to class or description of persons, designated pursuant to subsection (2) for the purposes of that provision; "designated strait" means any strait for the time being designated under subsection (3); "prescribed activity" means (a) any threat or use of force against the sovereignty, territorial integrity or political independence of Saint Christopher and Nevis, or acts in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; Interpreta­ tion. 14 The Maritime Areas Aot, 1984 - J. (c) any act aimed at collecting information to the prejudice of 1:jhe defence or security of Saint Christopher and Nevis; (d) any act of propaganda aimed at affecting the defence or security of Saint Christopher and Nevis; (e) the launching, landing or taking on board of any aircraft or military device; (f) the loading or unloading of any person, commodity or currency contrary to the customs, fiscal, immigration or sanitary laws; (g) any wilful act of pollution calculated or likely to cause damage or harm to Saint Chris­ topher and Nevis, its resources or its marine environment; (h) any fishi~g activities; (i) the carrying out of research or survey activiti~s; (j) any act aimed at interfer ng with any systems of con­ munication or any other facilities or installations of Saint Christopher and Nevis; or (k ) such other activity as may be prescribed. (2) The Minister may, by notice published in the Gazette designate any person, or class or description of persons, for the purposes of any provision of this Part; and the Minister may, in like manner, revoke any such designation. (3) Where the Minister is satisfied that any strait between Saint Christopher and Nevis and an ad.iacerr; State is being used for 15 The Maritime Areas Act, 1984 - 3. international navigation between (a) one part of the high seas or an exclusive economic zone; and (b) another part of the high seas or an exclusive economic zone he shall, by order pub.Lf.shed in the Gazette, designate that strait as delimited in the order; and the Minister, if he ceases to be so satis­ fied, may, in like manner, revoke the designation of a strait. 16. (1) Every f'or-e Lgn vessel may,~ubject to and in accordance with this section and international law, exercise the right under international law of innocent passage, that is to say, the right of passage by navigating through the territorial sea for the purpose of (a) Traversing the territorial sea without entering internal waters or calling at a road­ stead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at any such roadstead or port facility, where the passage is innocent. (2) The passage of a foreign vessel (a) is innocent so long as it is not prejudicial to the peace, good order or security of Saint Christopher and Nevis; and (b) is deemed to be prejudicial to the peace, good order or security of Saint Christopher and Nevis if the vessel, in the territorial sea, engages in any prescribed activity. (3) In exercising the right of innocent passage, a vessel shall comply with Innocent passage. 16 The Maritime Areas Aot, 1984 - s. (a) generally accepted inter national regulations, procedures and practices for safety at sea which have effect in the territorial sea, or any part thereof; (b) the provisions of the Regula­ tions, and any enactment, order or direction, which have effect in the territorial sea, or any part thereof, for or with respect to (i) the safety of naviga tion and the regulation of maritime traffic, in­ cluding the use of sea lanes and the operation of traffic separation schemes; (ii) the protection of navigational aids and facilities, and other facilities or in­ stallations; (iii) the protection vf cables and pipelines; (iv) the conservation of resources; (v) fishing and fisheries; (vi) the preservation of the environment and the prevention, reduction and control of pollution; (vii) marine scientific research and hydro­ graphic surveys; and (viii) controls or pro­ hibitions in relation to customs, excise, 17 The Maritime Areas Aot, 1984 - 3. immigration or sanita­ tion. (4) The Minister may, where he is satisfied that it is essential to do so for the protection of the security of Saint Christopher and Nevis, including weapons exercises, by order pUblished in the Gazette, suspend, for such period as is specified in the order, the right of innocent passage through the territorial sea, or through any part of the territorial sea identified in the order. (5) An order made under subsection (4) shall not operate to suspend the right of transit passagl'- of a designated strait. 17. (1) Every foreign vessel or aircraft may, subject to and in accordance with this section and international law, exercise in relation to a designated strait the right under international law of transit passage, that is to say, the right of freedom of navigation and overflight solely, for the purpose of continuous and expeditious transit of a designated strait between (a) one part of the high seas or an exclusive economic zone; and (b) another part of the high seas or another part of an exclusive economic zone. (2) For the purposes of subsection (1), a vessel or aircraft that engages in a designated strait in any prescribed activity shall be deemed to engage in an activity which is not an exercise of the right of transit pass­ age. (3) In exercising the right of transit passage of a designated strait 1. vessel shall comply with Transit passage. (a) generally national procedures safety at accepted inter regulations, and practices for sea, or for the (ii) 18 The Maritime Areas Aot, 1984 - 3. prevention, reduction and con­ trol of pollution from vessels, which have effect in the strait; and (b) the provisions of the Regula­ tions, and any enactment, order or direction, which have effect in the strait, for or with respect to (i) the safety of naviga­ tion and the regulation of marine traffic, in­ cluding the use of sea lanes and the operation of traffic separation schemes; fishing vessels, and the prevention of fish­ ing including the stow­ age of fishing gear; and (iii) customs, excise, immigration or sanita­ tion controls in relation to the loading or unloading of any commodity , currency or person. (4) In exercising the right of transit passage of a designated strait, an aircraft (a) shall observe the Rules of the Air established by the Inter­ national Civil Aviation Organisation as they apply to civil aircraft, and a state aircraft shall normally comply with such safety measures and shall at all times operate with due regard for the safety of navigation; (b) shall at all times monitor the radio frequency assigned by the 19 The Maritime Areas Aot, 1984 - s, appropriate internationally designated air traffic control authority or the appropriate international distress radio frequency. 18. (l) No foreign vessel shall, while in the territorial sea, without the permission of a competent authority given to the master of the vessel, engage in any prescribed activity. (2) Where a foreign vessel, in contra­ vention of subsection (l), engages in any prescribed activity, the master of the vessel and any other person on board the vessel participating in that activity are each guilty of an offence and liable on conviction to a fine not exceeding one hundred thousand dollars. (3) No prosecution for an offence against this section (a) shall be brought against a person who is entitled to State or other immunity recognized by law; or (b) shall be commenced without the consent in writing of the Attorney General. (4) Where the master of a foreign vessel which is detained pursuant to section 23 (2}(d), is convicted of an offence against this ~ection, the court may, in addition to any other penalty imposed, order that the vessel shall be forfeited to the Crown, and in that event the vessel shall be disposed of in such manner as the Minister shall order. (5) This section has effect notwith­ standing that the area of the territorial sea, in which a vessel engages in any prescribed activity is within a designated strait. PART V - CHARTS AND GEOGRAPHICAL CO-ORDINATES 19. The Minister shall cause to be prepared such charts or lists of geographical co­ ordinates as he thinks fit showing all or any Engaging in prescribed activities prohibited. Charts of uritile areas, etc. 20 The Maritime Areas Act, 1981;, - J. of the following matters, namely (a) the maritime areas of Saint Christopher and Nevis, or any part thereof; (b) the baseline of the territorial sea; (c) the outer limits of the con­ tinental shelf or the exclusive economic zone; or (d) sea lanes or traffic separation schemes. Evidence of charts, etc. Publici ty with respect to charts, etc. 20. A document, purporting to be certi­ fied by the Minister to be a true copy of a chart or list of geographical co-ordinates pre­ pared pursuant to section 19, shall be received in any proceedings as evidence of any matter shown in the document, but without prejudice to the right to adduce evidence in rebuttal. 2L. The Minister shall cause (a) due publicity to be given to charts or lists of geographical co-ordinates prepared pursuant to section 19; and (b) a copy o:f each such chart or list to be deposited with the Secretary-General of the United Nations. PART VI - JURISDICTION OF COURTS AND OTHER LEGAL MATTERS Jurisdiction. 22. (1) The jurisdiction and powers of the ~ourts of Saint Christopher and ~evis extend to the maritime areas of Sai.rrt Ch-vi s t.ophe.r and Nevis for the purpose of (a) this Act, and (b) any enactment which applies or is applied pursuant to section 28 to maritime areas of Saint Christopher anc, Nevis, or any part thereof. ::H The Maritime Areas Aot, 1984 - J. (2) For the purposes of the exercise of any jurisdiction and powers pursuant to sub­ section (1), a court is a court of competent jurisdiction (a) for the purpose of any criminal proceedings, if it would have cognisance of the offence con­ cerned if it had been committed within the limits of its ordinary criminal jurisdictionj and (b) for the purpose of any pro­ ceedings, other than criminal proceedings, if it would have jurisdiction if the act, omission or other matter giving rise to the proceedings had occurred or arisen within the limits of its ordinary jurisdiction. (3) The Minister, after consultation with the Attorney General, may make rules for carrying out or giving effect to this section. (4) The jurisdiction and powers con­ ferred by this section are in addition to and not in derogation of any other jurisdiction or powers exercisable by a court of Saint Chris­ topher and Nevis. 23. (1) Subject to this section, where an authorised person has reasonable cause to believe and believes that an offence has been commi tted against section 14, he may exercise all or any of the following powers, namely (a) within the maritime areas of Saint Christopher and Nevis, stop, board, inspect and search any vessel, or enter, inspect and search any installation, which he has reasonable cause to believe is being used for or in connection with the com­ mission of the offence; Apprehension of certain offenders. 22 The Maritime Areas Act, 1984 - 3. (b) arrest with or without a warrant, any person on board the vessel, or on the instal­ lation, referred to in paragraph (a), or found else­ where in Saint Christopher and Nevis, whom he has reasonable cause to believe has committed an offence against that section; (c) detain the vessel, referred to in paragraph (a) , if he has reasonable cause to believe that an offence against that section has been committed by the ~wner or master of the vessel; and (d) enter, inspect and search any installation whose establish­ ment, construction, operation or use would constitute the offence against that section and arrest, with or without a warrant, any person on the installation, or found else­ where in Saint Christopher and Nevis, whom he has reasonable cause to believe has committed the off~nce. (2) Subject to this section, where an authorised person has reasonable cause to believe and believes that an offence has ")een committed against section 18, he may, wi thi.J. Lne te:::-ritorial sea, exercise all or any of the following powers, namely (a) stop, board, inspect and search the foreign vessel which, in contravention of that section, engaged in any prescribed activity; (b) arrest, warrant, vessel; with the or without a master of the 23 The Maritime Areas Act, 1984 -3. (c) arrest, wi th or without a warrant, any other person on board the vessel whom he has reasonable cause to believe has committed an offence against that section; and (d) detain the vessel. (3) An authorized person may exercise any of the powers conferred on him by subsection (1) or (2) with the aid of such assistants as he considers necessary for the purpose. (4) Where a vessel is detained pursuant to subsection (1) (c) or subsect.Lon (2)(d), it shall be held in the custody of the Crown until (a) a decision is made not to bring a prosecution in respect of the alleged offence in relation to which the vessel was detained; or (b) where such a decision is made to bring such a prosecution, the security required under subsection (6) is given in respect of the vessel. (5) The decision whether or not to bring a prosecution in respect of an alleged offence in relation to which a vessel is detain­ ed shall be made with all due expedition. (6) The security required in respect of any vessel for the purposes of subsection (4) shall be in such form and reasonable amount, and shall be given by such person, as the Minister may order. (7) The release of a vessel from deten­ tion shall not affect any subsequent forfeiture of the vessel, pursuant to section 14(3) or 18(4). (8) The power under subsection (1) or (2) shall not be exercised in relation to a vessel that is, or in relation to a person who Arrest on board foreign vessel in territorial sea. etc. 24 The Maritime Areas Aot, 1984 - 3. is, entitled to State or other immunity recognised by law. (9) The powers and rights under this section are in addition to and not in derogation of any other powers and rights which Saint Christopher and Nevis may have under inter­ national law or otherwise. (10) In the exercise under this section of the power of enforcement against a foreign vessel, an authorised person shall not endanger the safety of navigation or otherwise create any hazard to a vessel, or bring it to an unsafe port or anchorage, or expose the marine environ­ ment to an unreasonable risk. (11) In this section "authorised person" means a per­ son, or a person belonging to a class or description of persons, designated for the purposes of this section by the Minister by order made under this subsection and puhLt.shed in the Gazette; "owner" , in relation to any vessel, includes any body of persons, whether incorporated or not, by whom the vessel is owned, and any charterer or sub-charterer of the vessel. 24. (1) Subject to this section, where an offence is committed on board a foreign vessel (being a merchant ship or a government ship operated for commercial purposes) during its passage through the territorial sea, a pre­ scribed power may be exercised in relation to the offence, on board the vessel during that passage, only if (a) the consequences of the offence extend to Saint Christopher and Nevis; (b) the offence is of a kind likely ~5 The Maritime Areas Aot, 1981p - 3. to disturb the peace of Saint Christopher and Nevis or the good order of the territorial sea; (c) the a.ssistance of the Govern­ ment or any pUblic officer has been requested by the master of the foreign vessel or by a diplomatic agent or consular officer of the relevant foreign State; or (d) it is necessary to exercise a prescribed power for the pur­ pose of suppressing any illicit traffic in narcotic drugs or psychotropic sub­ stances. (2) The limitations in SUbsection (1) shall not apply in any case where a foreign vessel is passing through the territorial sea after leaving internal waters. (3) Subject to this section, where a foreign vessel, proceeding from a port outside Saint Christopher and Nevis, is passing through the territorial sea without having entered internal waters, a prescribed power may be exercised, in relation to any offence committed before the ship entered the territorial sea, on board the ship during that passage only if (a) there are clear grounds for be­ lieving that the vessel has, in the exclusive economic zone, committed a violation of (i) applicable international rules and standards for the prevention, re­ duction and control of pollution from vessels; or (ii) any provision of the Regulations or any enactment conforming to 26 The Maritime Areas Act, 1984 - 3. and giving effect to any such rules and standards; and (b) there (i) are clear grounds for believing that that violation has resulted in a substantial dis­ charge causing or threatening significant pollution of the marine environment; or (ii) is clear objective evidence that that violation has resulted in a discharge causing major damage or the threat of major damage to the coastline of Saint Christopher and Nevis, or to any resources of its territorial sea or exclusive economic zone. (4) Nothing in this section shall affect the exercise of any power under section 23. (5) The decision to exercise, and the exercise of, a prescribed power in circumstances of the kind referred to in subsection (1) or (3) shall be made or, as the case may be, carried out, with due regard to the interests of navigation. (6) The prescribed power referred to in subsection (8) (a) shall not be exercised in relation to a vessel unless the vessel has re­ fused, when lawfully required to do so, to give information regarding its identity and port of registry, its last and next port of call and other relevant information required to establish whether a violation of the kind referred to in sUbsection (3)(a) has occurred. 27 The Maritime Areas Aot, 1985 - S. (7) The prescribed power referred to in subsection 8(b) shall not be exercised in relation to a vessel whenever appropriate procedures, which bind Saint Christopher and Nevis, have been established, either through the competent international organisation or as otherwise agreed, whereby compliance with requirements for landing or other appropriate financial security has been assured in relation to the vessel. (8) For the purposes of this section, "prescribed power" means the power lawfully to arrest any person or to conduct an investigation into any alleged offence, and (a) for the purposes of subsection (3)(b)(i), includes a power to undertake a physical inspection of a vessel for matters re­ lating to a violation of the kind referred to in subsection (3) (a); and (b) for the purposes of subsection (3)(b)(ii), includes a power to detain a vessel. 25. Where, in any criminal proceedings) a question arises whether or not an act or omission occurred within the limits of internal waters, the territorial sea, the contiguous zone, the continental shelf or the exclusive economic zone, a certificate, purporting to be signed by the Attorney General, to the effect that the act or omission did or did not so occur shall be received as evidence of that fact, but without prejudice to the right to adduce evidence in rebuttal. 26. (1) All questions and disputes of a civil nature concerning or arising out of acts or omission which occur within the limits of the continental shelf or the exclusive economic zone in connection with (a) the exploration for or ex­ ploitation of resources; Certificate Attorney General. Civil jurisdiction. Civil jurisdiction in relation toforei9n vesseb 1n territorial sea. 28 The Maritime Areas Act, 1984 - 3. (b) the conduct of any research or survey activities; (c) the establishment, con struction, operation or use of any artificial islands, installation or structure; (d) the laying of cables or pipe­ lines; or (e) the production of energy from the waters, currents or winds, may be dealt with by a court of competent juris­ diction. (2) Subsection (1) shall not affect the validity of any agreement to submit a dispute to arbitration by any person outside Saint Chris­ topher and Nevis. (3) The jurisdiction conferred by this section is in addition to and not in derogation of any other jurisdiction exercisable by a court in Saint Christopher and Nevis. 21. (1) No foreign vessel passing through the territorial sea shall be stopped or diverted for the purpose only of the exercise of any civil jurisdiction in relation to a person on board the vessel. (2) Subject to subsection (3), no person shall arrest or levY execution against a foreign vessel 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 vessel in the course or for the purpose of its voyage through the territo­ rial sea. (3) Subsection (2), in so far as it prohibits the arrest of, or levYing of execution agains+., a foreign vessel, shall not apply in the case of a foreign vessel which is lying in or passing through the territorial sea after leaving internal waters. 29 The Maritime Areas Aot, 1984 - s, 28. (1) The Minister may, by regulations made under section 29, extend to the maritime areas of Saint Christopher and Nevis, or any part thereof, the application of any enactment, sUbject to Application of enact­ lints to lIarithe area. (a) the limitations (b) modifications facilitate the enforcement of (if any), and (if any) to application or the enactment, as may be prescribed in the regulations, and the enactment shall apply accordingly. (2) The power under subsection (1) includes a power to extend the application of an enactment to any artificial island, installation or structure for the purpose of the exercise of any rights or jurisdiction under section 12. PART VII - REGULATIONS, SAVING AND AMENDMENTS 29. (1) The Minister may make regulations Regulations. for carrying out or giving effect to this Act. (2) Regulations may be made with respect to the territorial sea for all or any of the following purposes, namely (a) regulating the conduct of scientific research within the territorial sea; (b) prescribing measures for the protection and preservation of the marine environment of the territorial sea; (c) regulating the construction, operation, and use of artificial islands (whether permanent or temporary) , and other instal­ lations and structures in the territorial sea, including the establishment of safety zones around such islands, instal­ lations, and structures; (d) regulating the exploration and 30 The Maritime Areas Act, 1984 - 3. exploitation of the territorial sea for the production of energy from the water, currents, and winds', and for any other economic purposes; (e) providing for such other matters as are necessary or expedient for giving full effect to the sovereignty of Saint Christopher and Nevis in relation to the territorial sea; and (f) providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of Bart II, III, or IV. (3) Regulations may be made with respect to the continental she~f or the exclu­ sive economic zone, or both, for aJ.l 01 any of the following purposes, namely (a) regulating the conduct of scientific research within the continental shelf or thp. exclu­ sive economic zone; (b) prescribing measures for the protection and preservation of the marine environment of that shelf or zone; (c) regulating, for the purposes of section 12, the construction, operation, and use of artificial islands (whether permanent or temporary) , and other installations and structures within that shelf or zone, including the establish­ ment of safety zones around, but not exceeding 500 metres distance from, such islands, installations, and structures; (d) regulating the exploration and 31 The Maritime Areas Act, 1984 - 3. exploitation of that shelf or zone for economic purposes; (e) providing for such other matters as are lecessary or expedient for giving full effect to the sovereign rights and Jurisdiction of Saint Christopher. and Nevis in re­ lation to that shelf or zone; and (f) providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of Part II, III, or IV. (4) Regulations may be made with respect to the exclusive economic zone for the exploration and exploitation of that zone for the production of energy from the water, currents and winds. (5) Regulations may be made with respect to the investigation and institution of proceedings in respect of any discharge from a vessel outside the maritime areas of Saint Christopher and Nevis in violation of applicable international rules and standards established through the competent international organisation or general diplomatic conference. (6) The regulations may provide that a breach of any of the regulations shall be a criminal offence, and may provide for the imposition of a fine not exceeding one hundred thousand dollars for any such offence. (7) The power under this section to make regulations may be exercised (a) either in relation to all of the cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in re­ lation to any specified cases or class or description of cases; and Repeal. The Maritime Areas Act, 1984 - 3. (b) so as to make, as respects the cases in relation to which it is exercised (i) the same provision for all those cases, or different provision for different cases or classes or description of cases, or different provisions as respects the same case or class or description of cases for different purposes of this Act; or (ii)any such provision either unconditionally or subject to any specified condition. 30. The enactments referred to in Column 1 of' the Schedule are amended to the extent shown in Column 2 of' the Schedule. 31. The Territorial Waters Jurisdiction Act, 1878 of' the United Kingdom Parliament and any Act of' the United Kingdom Parliament alter­ ing that Act in so f'ar as they form part of the Law of'Saint Christopher and Nevis are hereby repealed. SCHEDULE (Section 30) AMENDMENTS Column 1 Interpretation and General Clauses Act. Cap. 166. Column 2 Amend section 2(1) by inserting the following definitions in the appropriate place: "contiguous zone" means the contiguous zone of Saint Christopher and Nevis as defined in section 2 of the Maritime Areas Act, 1984; Column 1 33 The Maritime Areas Act, 1984 - 3. SCHEDULE CONT'D (Section 30) AMENDMENTS Column 2 "continental shelf" means the continental shelf of Saint Christopher and Nevis as defined in section 2 of the Maritime Areas Act, 1984; "exclusive economic zone" means the exclusive economic zone of Saint Christopher and Nevis as defined in section 2 of the Maritime Areas Act, 1984; "territorial sea" means the territorial sea of Saint Christopher and Nevis as defined in section 2 of the Maritime Areas Act, 1984. HERMAN LIBURD Speaker. Passed the National Assembly this 30th day of August, 1984. F. ALPHONSO LEWIS Clerk of the National Assembly• • GOVERNMENT PRINTERY, aT. ICITTa, •.1.