Continental Shelf Act, 1975 (Act No. 3 of 1975)

21 THE CONTINENTAl. SIIFU' At·r. 1975 No. 3 01 1975 Dat, of Am,.,: 1$th Marrh. 197' Dat, of Commrnc.·mt~nt: 4th April, 197' An Act 01 Parliament to ,.est rllhtl In the Goyernment In I'eltpect 01 the Mlural ft!IOUftet of the tondnenlal .helf. aDd to proYide for matten Intldental thereto and tonnected th....,.jth ENACTED by the Parliament of Kenya. as follows: I. This Act may be cited III the Continental ShelfAct. 197.5. 2. (J) In thl" Act. unless the contcxtotherwise requires-« "Installation" Includes any moored vessel. and any atrueture whether permanent or temporary. within the area of tho continental shelt. which Is belnr or Is Intended to be uaod for or In eonnexlen with the exploration or cxploltatlon of natural relOurces: "natural resources" means tho minerai and other non­ llvina resources of tho eea-bed and subsoil. and all IIvlna oraanlsms belonglna to sedentary species which. at the harvest­ able stage. either are immobile on or under the sea-bed or arc unable to move except In constant physical contact with the eea-bed or the IUbIOU. (21 Subsection (I) of section 3 of lue Interpretation and Oeneral Provisions Act is hereby amended by the Insertion after the definition of "consular omcer" of the following new definltlon "continental shel]" means the ...·bed and subsoil of the submarine areas adjacent to the coast of Kenya. but outside territorial waten. to a depth of two hundred metres or. beyond that limit. to where the d~rU1 of the superjacent waten admits of the exploration and explolta. tion of the nalural resourc:ell of the said areal~ 3. All existing rights In rc.~pect of the continental shelf and the natural resources thereon, therein and thereunder. and all such rlgb" as may from time to time hereafter by right. treaty. grant. usage. sulferance or other lawful moans become exercisable by the Government or appertain to Kenya, shall be vested In the OovornmenL Inlefprtlatlott, ....... Veallqof No. 3 Contlntnta/ Shrl' ."5 Application of crimlnalla•• Application or civil II •. Evidence. ... (I) Everyact or omission which occurs within the area of the continental aheU on. under or above an Installation or any waters within five hundred metres of an Installalion which would. If it occurredIn Kenya. constitute an offence under any written law. shall be treated all an offence for the purposes of that law and may be dealt with accordingly by any court of competent jurisdiction. (2) The jurisdiction conferred on any court by ~ubsectlon (J) of tJ1is section shall be In addition and without prejudice to. and not In derogation of. any jurisdiction exercisable apart from this section by that or any other court and any power afforded by any other written law. 5. (1) All qlll.'~tlon~ and dlsputes of a civil nature eon­ .:ernlng or arising out of acts or omissions which occur within the area of the continental shelf. whether in connexlon with the exploration of the sea-bed or subitOll or the exploitation of natural resources or otherwise. shall be subject to the juris­ diction of the courts of Kenya as Ifsuchquestions and disputes had occurred in Kenya and may be determined accordingly by any court of competent jurisdiction. (2) The jurisdiction conferredon any court by subsection (I) of thissectionshall be In addition and withoutprejudiceto. and not In derogtaion of. any jurisdiction exercisable apart from this seetlon by that or any other court and any power afforded by any other written law. 6. If In any proceedings. whether civil or criminal. a question arises as to Nhether an act or omission occurred within or outside the Ilre& of the continental shelf.or on. under or above an installation or any waters within five hundred metres of an Insmllallon. a certificate to that effect aigned by or on behalf of the Minister for the time being responsible lor natural resources shall be received In evidence and be deemed to be so signed without further proof. and any such certificate shall constitute prima facie proof of the facti certified therein. 7. (1) The Attomey-General may. from time to time. review the operation of this Act In relation to the Institution and conduct of proceedlnas whether civil or criminal and. by order. modify or exclude any of the provisions of any other 23 1975 written law (whether passed before or after the date of com­ mencement of this Actl to such extent II appeal'l to him to be neceuary for the purpo!Cl of giving effect to the provisions and purpose, of sections 4 and 5 of thi. Act: Provided that no order shall be made under this section unle.. a draft of such order hal been laid before. and has been approved by resolution of. th., National Assembly.