Territorial Waters Act, 1982 (Act No. 18)

No. 18- ot 1982. [L. S.] I Assent, Wilfred Jacobs, Governor-General. 17th August, 1982. AN'JlGUA AND BARBUDA. Ne JS el 1982. An Act to provide for di(; <'X~Jllliun ur the limits of the territorial waters of Antigua and Barbuda and Rcdonda, to make prM~sions for contiguous, exclusi\lCI economic and fishery ZODes and for matters connecf.ed therewith or incidental thereto . ON PROCLAMATION ENACTED by the Parliament of Antigua and Barbuda ;ufollows 1, nit Act may be cited u the Territorial Watc~ Act, Short title. 1982. . l. In tbi1 Act " baselines" means the baselines of the territorial waters specified in ot prescribed under section 4; "r.n111pe!Mrt Authority" m-e-am the MiDi1ter or any person designated by him a, the Competent Authority for the purposes of this Act; "exclusive 9':0aomio zone" mca.a.a the CJii.GluaiYC a:onomic 2:0DC1 of Aiuigua ud Barbuda. ao.d R.cdoada as donned in ICCtion 7; "liabcry z:om" mcau the .6:ihu:ry ~ of Antipla ud Barbuda aat .R.cd.onda as driud m aectioa 8; ~doe. AlmOUA AND BAUVl>A 1 711• Turltorlal W'dter,1 .Act, 1982. No. 18 of 1982. "foreip ship" means the ahip of a foreign state; "foreiiD, 1tate" meam a state other than Antigua and Barbuda; ~ "innoocnt passage" means pa.Mage which is not deemed to be prejudic:i.al to the peace, good order or security of Antigua and Barbuda; "'Internal waters" means the intt.-raa.1 waters of Antigua and Barbuda and R.cdonda as denned io '10Ction 5; .. low.water Jin,::" means the low•water line of the coasts of Antigua and Barbuda and Rcdonda at mean Jow•watcr spring tide; "Minister" mean., the Minister l'C1pon1ible for ExtcmalAffain: "nau.tical mile" means the international nautical mile; "pauagc" means tbe naviga.tion of a ship in territorial waters without stopping or hovering, but i:teludes stopping, hovering and anchoring in 50 fo:- us the &11ml) are r-endered necessary hy foroe majeurc or by ttason of distress or for the putp0<jc of affording assistance to persons, ships or air• craft in danger or di&t.rcss; ":ship" includes vcgscl, boat or s.ea•craft of any kind; .. submarine areas·• inclooes th.e s.ea•bed and sub• soil thereof; .. territorial watera". means the territorial waters of Antigua and Barbuda and Redonda as defined in section 3. lJmita of Tem• 3. (l) Subject to the provisions of subsections (2), (3), (4), toda.l Waten. (S) and (6), of this section, the 1erritorial waters of Antigua and Barbuda and Rcdonda comprise those areas of the sea, having as their lan3.ward limit the bastline specified by IQ;;tioll 4 o.r prc$Cl"ibod under that ~n. as the CiAbC may tx, ud u their ·acawam limit a boundary line which at every No. 18 of 1982. The Territorial Waters Act, 1982. 3 point is a distance of twelve"!lautical miles or such other distance from the nearest point of those baselines as the Minister by order prescribes. (2) The Minister may by order prescribe that by reason of historical, geographical or other special circumstances as respects Antigua and Barbuda and any foreign state, the territorial waters shall not be deemed to extend beyond the median tine, that is to say, a line every point of which is equidistant from lht: ~r\;lil points of the; baseline3 and the corresponding baselines of the foreign state concerned. (3) No order may be made under subsection (2) unless, before that order is made, agreement has been reached in terms of the provisions of subsection (2), between Antigua · and Barbuda and the foreign state concerned. ' (4) Notwithstanding the provisions of any other law, • there shall be provision in every. order made under subsec­ tion (2) that, pursuant to agreement as in subsection (3), a law in terms similar to the provisions of the order-:- (i) forms part of the law of the foreign state concerned at the date upon which the order is made; or (ii) will form part of the law of that foreign state upon such date as is specified in the order hP.ing a date subsequent to the date upon which the order is made; (5) Where an order under subsection (2) makes provision as in aubs<;ction (4) (i), that order sbull come into operation as law in Antigua and Barbuda on the date upon which it is published in the Gazette; and where such an order makes provision as in subsection (4) (ii), it shall come into opera­ ion as law in Antigua and Barbuda on the date specified in the order as being lhe ua.1.1:' upun whk;h a law of the foreign state concerned in terms similar to the provisions of the order will form part of the law of that foreign state. (6) An order made under and by virtue of subsection (2) shall, unless previously revoked, cease to have effect as law in Antigua and Barbuda at the same time as any similar\ law as above in this section of any foreign state concerned ceases to have effect as law in that foreign state. · (7) The territorial waters including the submarine areas thereof, form part of the territory of A1iltigua and Barbuda. (8) An order made under this section sball be subject to affirma.ti~ resolution of tho Legislature a.ad shall be judi cially noticed. . AtmGUA AND BAIIBVDA A.lmGuJ. AND BAuuDA 4 TM Te"itoria/ Wal•r.s'Act, 1982. No. 18 fll 1982. Buclinesof .C. (1) Subjoct to sub5cction (2), tho .low water line a.lout territorial Waters. the coasts of Antigua and Barbuda and Rcdonda sbali be, the baselines of the tenitoriaJ waters. . (2) The Minister may, in th.o place of tbc baselines re­ ferred to in sublcction (1), by order prescribe other buo­ lincs making u,e of a mixture of straight li11CS drawn fro:n. point$ 011. the coasts of Antigua and Barbuda and Redonda and the low ~ line. (3) Where baselines arc ?rescribed under subsection (2) the Minister shAll cause the baselines together with the seaward boundary of the territorial waters to be marked on a scaled map or chart and such map or chart shall be Judi­ cially noticed for all purposes of the Jaw as indicating the baselines from which the territorial waters shall be measUffil and the boundaries breadth and limit of the territorial waters. (4) The Minister shall make provision for the safe custody of tt.e map or cba:rl referred to in subsection (3) and shall by notice 1;pccify the place where it may be open to inspection by the public and the plaCCI where certified copies thereof may be obtained. (5) For the purposes of t?iis Act, permanent har&o'JJ' works wbich form a part of the harbour, dDCk cir port ayatem of Antigua and Barbuda &ball be treated as forming part or t~ ooam. of Antigua and Barbuda and Rcdonda. Iattnw watcn. S. Toe areas of the sea which are on the Jana ward side of the baselines specified in section 4 or piucribed under that section, as the case may ~rare the intemai war.en and, together with tho aubmarino a:c.u thcroof, fot"m. ~ of the territory of Aatigua and Barbuda. Coati1UOu, ZODC. 6. (I) Th~ contiguous zone to the territorial waten com priBL'S tho,e areaa ·.of tho sea that aR: contiguou to the t(;ffltorial watiart., haviug a dicir seaward Um.ii a boundary line which at every point is a distance of tweaty-f o-ur muti­ cal miles or such other dist.an.cc from the nearest Point oftm baselines a9 the Minister by order prescribes. (2) h shall oe lawful for Goverrunem to exemsc withia the couiguous zote sl.Eb sovereign rig:bu. as Government may, from time to time, deem necessary t.o prevent the ill­ fringcment of u.y customs, fiscal, ic'.Unigra.tion, or sanitary law both within Antigua and Barbuda and the territorial W.atcra. E&cham 7. The exclusive economic zone comprises those areas of CCODCaic mac. the sea and Gf the submarine area that are beyond and ad.­ ,µ.oent te the termorial ~ having .u thal'" emw..-d limit 4 boundary line which at every point .is a rli&err ,lf tMI No. 18 Gf l!il82. T1te Territorilll W'CJter.1 A.ct, 1982. s bvndml nautical inilcs or IUCb. other distance from the . nearest point of.the baselines as the Minister by «der pro­ scribes. 8. The: fiabcry zone comprilC'5 those ~ of the sea that Fi9hay zooc:. are beyond ud. ad.~ to the icrrh.orial waters.. having u tbeic seaward limit a boundary ~inc whfch at every point is a diltauce of two hundred. nautical miles or ruoh. other ws tance from the~ point of the baldines as the Minister· by urdcr p!TI(:rlbes. ,. Antigua and Barbuda shall exercise goYCf'eignty in~ J~ in. over the territorial waters and the: m.temaf waters and such territorial waeen. sovereignty shall extend to the submarine areas thereof. 11. la the exclusive economic zone Antigua and Barbuda Jurisdiaioa in shall. s.ubjcct to international law, exercise:- exclusive CQ)QO­ mic :r.ooe. (a) severeign rii:chts forthcnu.rposcof~on11tion, c,cploitatioa, comervation and muagcmcnt of the natural resources, botlt living and non­ living, of the cxclusiYCccoaomic wne ,.. weJI u sovereign ri~hts with regard to producing energy from tidel, winrui Jt.l\d currents i• the exclusive economic zone; ( b J joritdictioa ..-itb regard to (i) the establishmont and use of mtifi­ c:ia] islands, inataBatioas alld struc­ tuR-i; (ii) marine scientific ftlClall;;h, and (iii) the :l'fotection and preservation of the mi.rice environment; and ( c) such other rights aud duties for which provi­ sion is made by international law. 1 I. In the mhery :tone Antigua and RarhuAA •ha 11 exercise the sovereign right and exclusive authority to explore and exploit, conserve and mana~ the 1ishery resources of the fi&hcry zone and the submarine areas thereof in accordance with international law. 12. Antigua a.nd Barbuda. recognises ~ frcodoIU.1 of navigation and of the layq of 1ubmarinc cables and pipe 1-- ud other notated activities within tke exclusive ccooo­ . mic zor.c in «I00l'don«a w.itb the prigci.pka, pr""'tkc aad provisions of international law. 1~ ht. lkhery mnn. bltematioaal ac­ th1Hies in udv­ si vea OCOllOmlc AN11GUA AND BAIUIUDA 6 The Territorial Waters .Act, 1982. No. 18 of 1982. .Neaotiatina 13. Wbere the !Ca or waters of any f orcign state are adja­ maritimc bouoda- cent or oppcsite to the territorial waters or the exclusive rim. economic zone and there is any dispute, difference or dis agreement between that foreign st.ate and Government con­ cerning any matter or thing relating t:> the seaw:..r~ limits of the territorial waters or the exclusive economic zone, it shall be lawful for Government to enter into negotiation.,; with that foreign state with a view to resolving or otherwise settling such dispute, difference or disagreement. Entitlement to 14, {]) Subject to subsection (2) and section l 5 (1), a rial-.t of ill!lOOent foreign ship shall be e::ititled to enjoy tho right of innocent p.u5agt, passage in territorial waters. Non-innocent passage. (2) A foreign srip or war shall not r.avigau: in lerrilorial waters without the prior pe:-mission of the Competent Authority obtained by the State to which the ship belongs. 15. (I) Sub ject to subsection (2), the passage of a foreign shlp ib.all be deemed to be prejudicial to the peace, gooc. o:-dcr or security of Ant.lgua and Barbuda if, without tbe prior permission of the Competent Authority obtained by tbe captain or person in ctiargc of the ship, the ship while in territorial waters, engages in .any cf the foUowing activi• ties: (a) exercises or practises w11h weaJ)Onry of any kind; ( b) any act aimed at collecting ic.formation rela­ ting to the defence, security or economic or social condition.c; and circumstaRCeS of Anti­ gua and Barbuda; (c) the takir.g 011 board or o!f•loading of any person, commodity or currency in breach of any law rcJating to exchange control, customs, immigration , health or drugs and therapeutic '3Ubata.nccs; . (d) any Act of polution calculated :o or likely to cause damage or harm to Antigua and Barbu­ da, its resources or i!s marine c:tvironmcnt; ( e) fishing or enraclii::.g living or non-Jiving re­ souret..-s; rf) the carrying out of research of whatever kind or survey activities; (g) any act aimed at im.erfcring with any system of conmunication o: tclccom1mmicat1on whetm-r such system is on land, on the sea or undc:rit; No. 18 of 1982. 11,e Territorial Waters Act, 1982. 7 (h) being a submarine or other underwater ship, underwater navigation; ( i) any other activity no: having a cirect bearing uupas~agc. (2) The passage of a foreign ship of war in territorial .waters shall be deemed tu be prejudicial to the peace, good order or security of Ar.tigua and Barbuda if tbe s:iip navi­ gates m territorial waters withOUt the permission required by section 14 (2). .AN"l'IGUA AND BAUIJDA 16. (I) Where a foreign ship engages in any of the activi- Power of police ties specified i:l secticln I 5 O) or where a member of the and authorised Police Force or person authorised by the Minister in writing pttSOns. suspects upon r:asonable grounds tllat a foreign ship is engagtd in any such activity, such member of the Police Force or authorised person may ( a) :,;,top and board the offending ship for tle pur­ pose of carrying out enGuirics and investiga­ tions; (bj u,ithout :>. warrant arrest the offendina; srnp and bring it to a port ir. Antigua and Barbuda; ( c; without a warrant arrest the captain and any person on board the ship participating in the activity of tho ship which i!> dt.-emed to be prejudicial to the peace, good order or security of Antigua and Barbuda. (2) Where the passage of a foreign ship is detmed to be prejudidal to the peace, good order or Sl.'i;urity of Antigua and Barbuda, the captam or :,ther person in cfiarge of such ,hip and any person participating in the acti v:ities of the ship which is deemed to be s0 prejudicial, is guilty of an offence under. this Act. 17. (l) Where the passage of a foreign ship is deemed to be Jmmu0:1y. pre-Judicial to the peace, good order or security of Antigua and R:nhmla and the ship or any person on board thereof who pa.nicipares in tt,e acli,,ity which is deemed to be pre judicial is entitled tc state or other ir.1munity recognised by law, the flag state of such s'.lip and the state of nationality of such person shali be deemed to hear internationa1 re-­ •pQr,sibilit)' for the ac:tivity of the !ihip (2) Where tl:e flag state of a ship or the start of nationality of a person is deemed to bear international r~sponsibility •under thi5 :i.c.;;tion, the Minister &hall take all steps poi.siblc 10 obtain redress under international law. .AJrfflovA ,\111) BAulloA ~ Cap.fl. R.cwwatkm. 8 No. Jlol l"2. 18. (I} For the purposes of the emci&t of the jurisdiction of the courts of Antigua and: Barbuda, the territory of Antigua and Barbuda shall include the intemaI waters and the ~orial watera. (2) Where any offence punishable on summary conviction i$ coourutted or suspected to have been committed witbia or in relation. to tbe mternal waters or the territorial waten., the offence may be dealt withanddetermined by a magistrate appvimcd to aJJ.Y magisterial District, and sucll magistrate shall have and exercise all tbe powen, i,rivileges, rigbts aad. Jurisdiction a-s are conferred on him by the Magistrate's Code of Procedure Act. (3) Tbe quasi-criminal and the civilju~tion oonferred on a magistrate by the Magistra~·s- Code of Prooodurc- Act shall in. relation to the internal waters and the tcmtorial waters be e:,,;ereiscd by a magistrate appointed to any magis­ terial District. (4} The jurisdiction conferi:M on any court under this Act shall he without prejudice to any jurild.iction conferred on or exercisable by such court apart from th.is Act. 19. ('I) The Minist.er may make regulations ( a) for the safety o( navigation ana the regulation of marine traffic; (b) for the conservation of the living resources or tbesca; ( c) for the preservation of the marine environ­ mem of Antigua and Da.rbuda and tllC' prcvt:n· uon and control of poUution thereto; 1d) for the rcgulalioa. of tislting; . (e) 1olatiug lu ahc grant of pemutS and the condi­ tions to be attached thereto for fishing by nat.onals of foreijD state& and by means of forcign ships; · (f! for tbe inspection an'1 admission in evidence before the courts of the chart or map to which section 4 rd-ers or any part the~f; (g) prescribing the fees. to be paid for permits · gr4llted' in ~ord~u:cc wiLb n::gulations ma{,tc under paragraph ( e) ; (It) generally, for regulating the use of the internal waters. 8.11d the territorial waters illlcladina: prescribing the fees to bo pa.id for &n)I activity Ill rolatioa thereto j No. 18 of 1982. n, Terrltorkll Waters Act, 1982. 9 (i) providing for the forfeiture to the Crown of any ship engaged, or ar.y equipment used, in any of the activities specified in section 15; and ( j) annexing to the contravent:on of any regula­ tion rr.ad..:: under this f.(,'Ction a punishment on summary conviction of a fine of S5,000 or of impr:grmment for a term of 2 years or bot!l. f (2) Rq:,'Ulations made under this section sbaJI be subject to affirmative reso:ution or the I.cgislat:1re and shall be judicially noticed. ANTIG~A ASD B.o.euDA 20. (I) A pcm on who. ~ujt:'!i or c b:'!itrncb a pe1 :'!UH m;dng O:Teucc. under the authmity or this A::t or the regulations is guilty or an offence IDlltcr this Act. (2) A person who is g-Jilty of an offence under snbsection ;I) or section 16 (.~) 1~ liJ.ble. ( aj a comicticn on indictment to a fine or SJ 0,000 or irnpr:sonment for a term or 5 year.; or both; or (b) on summary conviction to a line of $5,()(,'() or · imp:isonment for a tcnn of 2 years or both. {3~ The c011rt may in addition to a::w J)Cnaity \\ hic-i it may imp,>s.: under 1his section for an offence under secticn 16 (2), order the fo,feiture to the Crown of any ship engaged, or equipment used, in any 8(,1ivity which is the subje::t of the offence. , 21. This Act binds the Crown. Binding of the Crown. 22. (1) Any reference in an enactment or law having effet::, Application of as a pan of 1?:le law of Antigua and Barbuda prio!' to ttc Jaw... commencement of th:s Act, 1 o coastal waters, territorial waters, waters or Antigua and Barbuda and Redonda or any analagotL'i expn!SSior. in whatever terms used, shall be con strued as a reference to :nternal waters and territorial waters. (2) Any reicrence in any enactment or law having effect as a par: of the law of Antigua and Barbuda prior to the ·cor::1mcnccment of this Act to a di star.cc or three miles or a longer or shorter dis:ancc in relation to coastal waters, territl'l'ial waters. waters of Ant,gua and Barb,Jda and Redonda or any ana!agoas expression in w ha ievcr terms used, shall be conlilrul-d as a reference to a distance of twcl\'e nautic.al mile~ nr ~uch ritlv-r di~t.1.nc~ ~1.<1. may N' JU•'!.C.rfof'd under section 3. · · · 10 · ·ne 1'ttrltoria{Warers· Jlct; ·t9s2. ·-No.' ft 6f'f982. Repealar.d amer.dmcnts, 41 & 42 Vict. c. 73. Schedule. Cu1u:aeix:.ewc:u1. first Column 23. (0 The Territorial Waters Jurisdiction Act. 1878 of the t:nited Ki'lgdom Parliament and any Act of the L'nited Kingdom Pa· -:,1mcnt altering that Act, in so far as they fern:. part oi the 1aw of AntiguJ. and Barbuda, ure repealed. (2) The ena.cunents ~pecificd in tbe first column o:· t:ie Schedule are anieru;led in the respects s~cified in the second column thereQf. l4,. ~' As;t ~bali come into opc-ra~io:>. on suoh day as lhe Governor-Genera! may by proclamation ap~oint. Passed the House of Repre­ sentatives Lhe 30th day of J u::ie, 1962. C. L. Murray, Speaker. L. A. Uo'lol:e, · Clerk to the Hause of Repre­ semattres. SCHEDCI.E Passed the SenJ.te this 19th day of July, 1982. B. T.Carrott. President. L. A. Dowe, CIP.rk 10 the Senatr. (Section 23(2) Second Column The \fogistrate's Code of Procc­ dU,--e Act---Cap. 48 In section 38, inse~ "the Govern­ ment of Antigua and Barbt1da or" jmmooig, tely g ft~r "in v: h ich ••. The Interpretation Act, 1982. Insert in th appropriate alphab~ti­ oal order in SC()tion 57 tl:c fol!ow­ ing defimtion ·•intl!rn,11 ,1 atcr1i" 11:imn:; Lhe in• ternal waters of Ar.tigua and Bar· buda and Roo.ond.a as ddin1~d- in section 5 o:· the Territurial Waters A;:t, I ~82. Printed at the Government Printing Office, An11gua and Barb·Jda, b)' JAMES ADOLPHUS McKENZIE SEBA.!.'TIA~, Act.int Government Primer .. ,sy Authority, l~x2. 800-8.82. [Prlct 55 ("l!!,rts.l ·,