Continental Shelf Law (No. 8/74)

REPUBLIC OF CYPRUS THE CONTINENTAL SHELF LAW, 1974. ( English translation prepared at the l\1inistry of Justice) NI COS IA f>RIN'I'ED AT THE PRINTING OFFICE OF THE REPUBLIC OF CYPRUS. Price 50 mils No. 8 of 1974 A LAW TO MAKE PROVISION FOR THE EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF OF THE REPUBLIC AND FOR MATTERS CONNECTED THERE­ WITH (5th April, 1974.) The House of Repres:en!lirutives enacts as follows: 1. Th&s Law may be cited as the Continental Shelf Law, 1974. 2. In this Law, unleiss the context otherwise l'equires " oontJinemal she1f" mlOOil!S rthe seabed and subsoil O!f the S1Ub­ mari.ne areas adjacent to the coast of the Republic, but beyond the terrirt:Ol'ial waters, where rthe depth O!f the superjacent waters admits of the explo1taition of the natural resources of the 'Sla:id areas : Provided that, in relation. to any s:ta1te whose coa:sts lie opposite those of the Repub1ic, the outer boundary O!f the continental shelf shall, unless otherwise agreed between the Republic and that State, in no case extend beyond the median line ; " naturiail resou:rc:eis " means ( a) the mineral and other non-living resouroes of the seabed and subsoil ; and (b) living organisms belonging to sedootary species, that is to say, organisms which, at the harvestable s1tage, eiloher aire immob.ile on or under the seabed or are unable to move except Ll1 constant physical contaot with the seabed or the subsoil; Short title. Interpre­ tation. " territorial w:ateirs " means the zone del!imirt:ed by section 2 of 45 of 1964. the Territorial Waitoos Law, 1964. 3. All rights thait ave exercis;able by the Republic with respect to ,the continental shelf and its natural resources shall be deemed to be, and always to have been, vested in the Republic. 4.-(1) Subj,ect to the prov&sli.ons of this Law ( a) any act or omisSlion which takes plaoe on, under or above, the waters wiitlhin fi:ve hundred meitres of any inistallaition or device (whether permanent or temporary) constructed, placed or used in, on or aborve, the continental shelf shall be deemed to have taken place in the Republic ; ( b) any such installrution or device shall, for purposes of civil and cr.iminal jurisdiction, be deemed to be situaited in. the dis.met of Nicosia ; (c) any ins1lallatli:on or device and any matet:iials used in the construction thereof, which are brought into the waters above (3) Exploration and exploi­ tation of the continental shelf. Application of Laws to continental shelf. In terfc re nee with explnit­ ation of continental shelf. Regulations. 4 the continental shelf from beyond the high seas, excluding Cyprus, shall be deemed to hav:e been imported from the time when the instal.tation or device has been constl1lClfJed or placed in, on or above the cootinental shelf, and similarly the installation, device or materials and any maitter of a:ny description whatsoever shall, when taken away from the waters above the conllinental shelf and not brought into Cyprus, be deemed to have been exported from Cyprus. (2) The provisions of any enactment in force in the Republic s:hall apply to the continental shelf or any part thereof, subject to such modifications and exceptions as the Council of Minisiters may provide by orJeir published in the Official Gazette of the Republic. (3) In thi.s section, the tenn " de.vice " includes any ship, platform or aircraft, used in connection ,vi.th any installation. 5.-(1) No person shall, without the written autllorisati.on of fue Council of Min:iiste'.t's or in contravention of any re.quirement or oondiiti.on specified in the authodsation aind designed tn prevent any interference w1th the reasonable exploration of the continental shelf and exploita­ tion of the natural 11esources thereof, lay or ma:intadn any submarine cables or pipelines on the continental shelf. (2) Any person acting in contravention of the provisions of sub­ s,ection (1) shall be quilty of an. offence and shall, on conviction, be liable to a fine not exceeding five hundred pounds fo:r each day on which the offence takes plaoe oir continues or to imprisonment for a term not exceeding twelve months, or to both s.uch pen,allties, and the Court which tries the offence may order that the cable or pipeline in relation to which the offenoe wa:s comnliitted shall be removed wi,thin such time as may be fixed in the;:, Ordeir. 6. The Council of Ministe,rs may make regulations for carrying ou,t the purposes of this Law and, in pa1Iticular and without prejudice to the gene:ral~ty of the foregoing, make regulations for all or any of the following purposes, that ~s ( a) .for regula:ting ,the coositrucition, assemblage or use of any installation or device in, on or abov,e, the continen:tal shelf ; (b) for prohibiting the consitruotion, erection or placi:ng of any installaiti:on or deviioe in, on or above, the continental shelf at places where they are likely to cause interference wiith the use of recognised sea lanes essential to coasting or inter­ national navigaiHon. ; ( c) for establishing saifeity zones extending to a distance not ex.ceeding five hundre,d metres measured from each pomt of the outer edge of the installaitJion or de:vti.oe, around the ,installation or device above the continental shelf; (d) for prescribing such meais.m:es as may appeacr to the Council of Ministers to be necessary for the protootion of the instal­ lation or dev~ in re,spoot of whidh tihe srufety zonJe is established ; (e) for regulating or prohibiting tihe entry of ships into any safety zone; (f) for prescribing such mt:iasun::s as aippear to the Council of Ministers to be necessary in the sareity zone foir the protootion 5 of the 1iv.i:ng resouxces of the sea and the naitural resources of th:e OOlllllinental shelf from harmful effects; (g) for presocibi:ng ( i) the notiioe to be gi ~en of the OOlllstlruotion, erection or p:Lacing of any insitial1aition or device, in, on or above the con,ttiinerlitaJ. Slhelif ; (ii) rthe permanent meains or methods of giving warnrung to 1shiiips and aiiroroJit of llbe presence of the inistalla,tion or device; ( h) for pvov:idi:ng for the vemoval of any :instlall:a1tiion or device, consuruoted, ereoted or plaoed in, on or above the oontineu:iitial shelf, which has boon abandoned or disused; (i) for proh~biiting or restriicticn,g any exploration or exploi,taition of the oontinootail shelf or runy part thereof which may appear to the Counoil of MmiiSltoos to be likely to 11esulit in any unjustifiable 1rnllenfeivence wiith navigation, fishing or the ooMer­ vaitJiion of the Living re1SIQllli1'00s of the sea or to be Likieily to ,intemere wiith nationaJ. defence or securiity or wiith oceano­ graphic or other scientific reseaooh ; ,(j) for pl"esoniibiing penalties for breacihes of the regulaitions made under 1lbriis soolli.oo, ,tlmt is, of a fine not exoeediing one hoodred pounds for each d:ay on which the offence takes plaoe or oonitlirnues or of imprioonmenrt not exooeding six months or both such penaltfiies. (2) RegulaitroDJs made under the provi1s1ions of this section shall be laid before the House of Representatives. If wiiit:hin thirty day,s of such Laying the Hou,sie of Repreoonrtwtlives does not by resolution amond or annul, in whole or in part, the Regulatioos so laid, they shall then, soon a£teir the expiiry of the perfod heireinfore merntloned, be published in the offioial Gazette of the Republic and they sh'<lill come into force as f.rom such pubLioaroion. In the event of their amendment, in whole or in pairrt, by the House of Representati¥es, suoh Regulaltions shall be published in the offio1ail Gazette of the R:epuibl.tic as amended by llhe HoU1se and they shall come into force as from such publication. 7. Notw1thstanding the provisions of soollioo 23 of the Courts of Ju:stioe Laws 1960 to 1972, the District Court, Nicosia, sh.all have exclusive jurisdiction tn try i:iH offences under this Law and shall have power to impose 8.illY penai!,ty p.110\'<ided by thi\S Law or any regula1Ji:ons made 11:ihereunder. Jurisdiction of District Court of Nicosia. 14 of 1960 50 of 1962 11 of 1963 8 of 1969 40 of 1970 58 of 1972.