Maritime Zones Act 2010 (No. 18 of 2010)

SECTION GlJYANA ACT No. 18 of2010 MARITllVIE ZONES ACT 2010 ARRAl\.JGEMENT OJB' SECTIONS PART] 1. Short title and commencement. 2. It;, '/!.Dl D. / PRICE: $2,080.00- To be from Parhament Office, Georgetown, Guyana. PRIN'fED DY GUY Al'\JA NATIONAL P1UNTERS LIMITED. No. 18] 3~ Limits of the territorial sea~ 4. Rights over the territorial sea. S. Baselines of the tenitorial sea. 6~ Low-water line~ 7. Limits of the internal waters. 8. Rights over the internal waters. 9. Closing lines. 2 LAWS OF GUYANA PARTH TERRITORIAL SEA~ PART III INTERNAL WATERS PART IV INNOCENT PASSAGE 10. Right of innocent passage in th~ ten·itorial sea. 11. Regulating innocent passage. 12. Non-innocent passage. 3. Security measures. 14~ Foreign vessels carrying nuclear or other hazardous wastes. 15. Discharge of harmful substances and hazm·dous wastes. 16. Law applicable to rights of hot pursuit. PARTV THE CONTIGUOUS ZONE 17. Limits of the contiguous zone. 18. Grounds for denial of entry into Guyana. 19. Commission of offences in the contiguous zone. PA.RTVI THE CONTINENTAL SHELF 20. Limits of the continental shelf. 21. Rights in the continental shelf. [A.D. 2010 3 A.D. 2010] MARITIME ZONES [No. 18 22. Licence or authority to explore or exploit resources. 23. Declaration of designated area. 24. Submarine cables and pipelines in the continental shelf. 25. Exercise of juris diction in the continental shelf. PARTVH THE EXCI,USIVE ECONOMIC ZOI\1E 26. Limits of the exclusive economic zone. 27. Rights in the exclusive economic zone. 28. Rights of navigation and over flight. 29. Licence or authority to explore or exploit resources in the exclusive economic zone. 30. Declaration of designated areas in the exclusive econormc zone. 31. Exercise of jurisdiction in the exclusive economic zone. 32. Extension of norms to the exclusive econormc zone. 33. Application of other rights not provided in this Act. PARTV.m DELIMITATION OF MA.RITliME BOUNDARIES 34. DelirrJtation of the boundaries of the territorial sea. 35. Delimitation of the boundaries of the continental shelf and the exclusive economic zone. 36. Settlement of disputes. 37. Publication of agreement. 38. 40. PART IX C:EOGlRAPltHCAL COORDINATES of charts and geographical coordinates. Publication of charts and list of geographical coordin'ites. Evidence of charts or lists ')f geographical coordmatr,s. PART X MAIU.N1~ SCIEl'\lTIFIC RESEARCH 41. Regulation of marine scientific research in the maritime zones. MAJUTIJ1Yill CULTURAL ARIIT,A 43. 45. Limits of the maritime cultural area. Rights in the maritime cul1ural area. lJndervvater cultural marine r\J'ID 'f\r!ARICULTURIT 46. areas for marine parks and reserves and mariculture A~' "1·1. Establishment and regulati,Jn of eccHOLl'flS rnarine reserves and mariculture PART XIH nm PROTECTKON ;ll\fD JlR.ESEl-tV ATION OF TI·UC l'o/IARINlC ENVIRONlVliJi:I*U 48. Regulations for the and of the marine enviromnent. 4CJ Measures to marine environment. PART XI'V 50. Maritime and in the maritime zones. 51. Sovereign rights of self defence in the maritirne zones. 52. Power to make legislation. 53. Order to extend lcn>i. 54. ,\mendments and 55. Repeal. SCHEDUlJJ: ~ Amended Laws A.D. 2010] MARITIME ZONES [No. 18 AN ACT to repeal and replace the Maritime Boundaries Act 1977, to incorpcrate certain provisions of the United Nations Convention on the Law of the Sea and the UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, to provide tor marine scientific research, maritime cultural area, ecotourism, marine parks and reserves and maricuhure, the protection and preservation of the marine environment and for related matters. AD. 2010 Short title and commencement. Interpretation. Enacted by the Parliament of Guyana: PART PREUMINft.R.Y 1. This Act may be cited as the Maritime Zones Act 2010 and shall come into operation in whole or in parts on a date appointed by Order of the Minister. 2. In this Act (a) "artificial island" mea..ns any man made extension of the seabed or a feature, whether or not the extension breaks the surface of the :superjacent waters; (b) "baselines" means the baselines of the tenitorial sea determined in accordance with section 5; (c) "continental shelf' means the continental shelf of Guyana as defmed in section 20 (1); (d) "continental margin" means the continental margin of Guyana as defined in section 20 (3); (e) "Convention", means the United Nations Convention on the Law of the Sea signed on 10 December 1982, at Montego Bay, Jamaica; (f) "exclusive economic zone" means the exclusive economic zone of Guyana established under section 27 (1); (g) ''high seas" has the same meaning assigned to it in the Convention; (h) "installations" includes (i) a moored vessel; (ii) a communication cable; (iii) an oil pipeline; (iv) a military surveillance L"lstallation; No. 18] Cap. 47:01 ActNo. of 1996 LAWS OF GUYANA [A.D. 2010 · from a vessel, a research, exploration or production platform, or the coast of an exploration or production platform used in the prospecting for or of any substance; (vii) an or production vessel used in the prospecting for or of any substance; a telecon.1munications line as defined in section of the Posts and Telecommunications Act; (ix) a vessel or oft he an area situated vvithin the distm1ce of 500 metres measured from any on exterior side of an ins1allation referred to (i) or an area situated under or above an installation referred to in or or any other stmcture whether permanent or temporary within the maritime zone, which is being or intended to be used for or in connection with the exploratiJn and and conservation and management of the natural resources. "internal waters" means the intemal waters of Guyana as defmed in section 7; "island" means a naturally fmmed area of land, sutTounded by water, which is above water at high tide; "lowest astronomical tide" means the mean height of water as marked on large scale maps recoguised the Government; "maritime zones" means the internal watem, territorial sea, contiguous zone, the contiilentaJ shelf and the exc1usi ve economic zone; (m) "master" includes eve1y person lawfull:r having for the time being, command or charge vessel or "miles" means international nautical miles of "Mini:lter" means the M~1ister of Foreign mei.Tes unless otherwise "natural resources" has the same meaning as assigned to it under the Enviromnent Protection Act 1996; MARITIME ?ONES A.D. 2010] ·-" [No. 18 Limits ofthe teni to rial sea. (q) "nautical miles" has the same meaning as "miles"; (r) "resources" means the living and non-living resources of the seabed and its subsoil, and of the waters superjacent to the seabed; as well as resources for the production of energy from tides, cun-ents and winds; (s) "right of innocent passage" means the right of innocent passage referred to in section (t) "sea" means the water of the sea, as wdl as the seabed and its subsoil; (u) "submarine" includes any underwater vessel however propelled; (v) "straight line" means the shortest distance between two points on a surface; (w) "territorial sea" means the territorial sea of Guyana referred to in section 3; (x) "UNESCO" means the United Nations Educational, Scientific and Cultural Organisation; (y) "UNESCO Convention" means the UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001; (z) "vessel" includes ship, boat or any other mode of water transport employed in navigation but does not include a foreign warship; (aa) ''waste" includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume, composition or manner as to cause an adverse effect. PAR.TH TERRITORIAL SEA 3. The territorial sea comprises those areas of the sea having as their inner limits the baselines refem;;d to in section 5 and as their outer limits a line, measured from the baselines, every of which is twelve nautical miles from the nearest poi..'lt of the baselines. (2) For the purpose of delimiting the territorial sea, the outermost pennanent harbour works which fonn an integral part of any harbour system shall be treated as fanning pmt of the coast, but for that purpose offshore installation and artificial islands shall not be considered as permanent harbour works. No. 18] Rights over the territorial sea. Baselines of the territorial sea. Lo-;,v~water line. Limits of the internal waters. Rights over ihe internal waters. Closing lines. LAWS OF GUYANA [A.D. 2010 4. The sovereignty of extends to the territorial sea, the seabed and its subsoil under and the over that sea. (2) Guyana, in the exercise of its sovereignty, has exclusive th'o territorial sea subject to international law z:nd the Cor;vention. over 5. The baselines hom which the tenitorial s::a shall be measured shall be th~~ low-waler line the coast where the coao:t line is broken a line joining the two where the low-water line on the coast ends on either sick of the river. 6. For the purposes of section 5, the lovv-water line in any the lowest astronomical tide level on the coast of Gu:;ana that can be to occur undEr average astronomic2J conditions. conditions and under any con1bination of 7. (a) Ill INTERN AiL WATERS the areas ofthe sea that are on the landward side of the baselines which fonn the inner limits ofthe territorial sea; and all historic ports, harbours and waters lying landward of the baselines. 8. The sovereignty of extends beyond its land telTitory to the internal waters, the seabed and its subsoil under and ihe air space over the intemal waters. Guyana, i.11 the exercise of its internal waters. has 9. The Minister in consultation with the Minister over for lands and surveys may, by lines to delimit internal waters. lines" means the straight drawn accordance with the of the that A.D. 2010] Right of innocent pa~;sage in the tcaitorial sea. Re:gulating innocent passage. 9 lv.f.ARITIME ZONES (a) cross the mouth of a river; (b) enclose a bay; or (c) delimit the waters of a harbour. PART IV INNOCENT lP ASSAGE [No. 18 10. Subject to sections 12 and 13 and any other relevant law, all foreign vessels shall e11i oy the of i1mocent passage through the territorial sea. (2) Innocent passage, to which subsection (1) refers, shall be conti..t1uous and expeditious and not prejudicial to the peace, good order or security of Guyana and includes stopping and anchoring, but only in so far as they are incidental to ordinary navigation or are rendered necessary by force mojeure or distress or for the purpose of rendering assistance to persons, vessels or aircraft in danger or distress. (3) For the pun)oses of this section, "innocent passage" means navigation through the te1ritorial sea for the purpose of (a) crossing those waters without entering the internal waters or calling at a roadstead or port facility outside the internal waters; or (b) proceeding to or from the internal waters or calling at a roadstead or facility outside the internal waters. (4) In exercising the right of ilmocent passage, a foreign vessel shall comply with the laws of Guyana, any order, direction, licence or any other other authority relating to the of innocent passage through the territorial sea. 11. (1) A foreign warship, including a submarine and any other underwater vessel of war, may enter or pass through the territorial sea after giving prior notice to the President. (2) A submarine or any other underwater vehicle, whether or not a vessel of wru· exercising the right of innocent passage through the territorial sea shall navigate on the surface cmd show its flag while passing through the territorial sea. No. 18] Non-innocent passage lV LAWS OF GUYANA The J\1bister for traffic [A.D. 2010 'md harbours may order "h~"~-u~a of the schemes for the passage of vessels the internal waters and territc,rial sea and in the interest of A master of a not a ve~:sel of war, who contravenes subsection commits an offence and is liable on convction on indictment to a fine of five million dollars to five years, and in addition the Court may order the forfeiture ofthe o:ubmarine. 12. The passage of to the peace, order or of passage 1s r.ot innocent if, while in the territorial ser, the vessel engages in (f) any threat or use of force agains territorial or of Guyana or act in any other manner in violation of the of intemational of weapons of any kind; w',"!-'-""'"·V"'- of collecting Lflfonnation, which to the defence or securii:'; of Guyana; c<dculated to affect the defence or security on or takw g on board of any aircraft or of any currency or person to cus·:oms, excise, or (g) the willful"""'·"'ucw of any substance which causes TJO>lllllUCin in contntvention of the any the any or any out of research or ""·JLf'>,H"'-' to interfere with any or instailation in of communication or any other related to its pas';age. The master of a a vessel of war, wh() takes in or causes the vessel or submarine to be in, and any other person on boJ.rd who takes any specified in subsecti::m (1) A.D. 2010] J'vfAFJTJlvfE ZONES ~---------------------~. [No. 18 Security measures. F orcign vessels carrying nuclear or other hazardous wastes. (a) each commits an offence and is liable •m conviction on indictment to a fine of not less than one million dollars nor more than ten million dollars and to imprisonment for five years; and (b) where the offence is continued after conviction, the master and the other person who were convicted, each commits a further offence and :is liable on conviction to a fine of three hundred thousand dollars for each day on which the offen:~e is continued, and :n addition the Court may order the forfeiture of the ve;sel or submarine. 13. The President may make orders and exercise powers and take measures in relation to the territorial sea as is necessary in the interest of the peace, good order or security of Guyana or any part of Guyana, and the measures may include the suspension, whether absolutely or subject to any exceptions and qualifications as the President thinks fit, of the right of innocent passage of all or any class of foreign vessels through any area of the territorial sea. 14. (1) A master of a foreign vessel shall not store, transport or permit to store or transport any nuclear or other inherently dangerous or noxious substances, harmful substances an.d hazardous wastes in the internal waters and territorial sea except with the prior written permission, agreement or consent of, and prior notification to, the Minister responsible for the environment. (2) Where any foreign nuclear-powered vessel or foreign vessel carries nuclear or other inhereni:ly dangerous or noxious substances while exercising the right of innocent passage through the territorial sea, the master of the vessel shall, in relation to the vessel and substances, carry the necessary documents and shall observe the precautionary measures that are established for those vessels by any international agreement applicable to the can-yi..11g of those substances or any law for the time being in force. (3) A vessel carrying radioactive materials shall not pass through any part of the internal waters or territorial sea unless prior notification of imended passage and the route to be taken by the vessel through those waters or the sea has been given in accordance with regulations that may be prescribed. ( 4) In this section, "radioactive materials" means waste that, as a result of being radioactive, is subject to an h1ternational control system or international instrument applying specifically to radioactive materials. No. 18] Drscharge of harmful substances and hazardous wastes. Laws applicable to rights of hot pursuit. lk LAWS OF GUYANA 2010 A vessel to subsections and refer may be to con fine its passage to such sea lanes as may be prescribed. A master of a vessel who contravenes this section commits an offence and is liable on SU!ill11ary conviction to a fine of not less than ien million dollars nor more than million dollars and to imprisonment for not less than seven years nor (7) The Minister m consultation with the l\1inister environment may malce the passage of vessels hazardous waste, and nuclear and radioactive materials internal waters and territorial sea. all or any for Regulations made under this section shall provide for the action that may be including and vessels, to ensure with the regulations. 15. A master of a vessel shall not discharge or to any nuclear or other or noxious substances, harmful substances and hazardous wastes in the i.ntemal waters and territorial sea except with the written pem1ission, or consent and prior notification to, the Minister responsible fc,r the envirornnent (2) A master of a vessel who contravenes this section commits an o:ffence and is liable on summary conviction to a fine of not less than million dollars nor more tharc forty million dollars and to fix not less than ten years nor more than years. 16. TI1e laws of shall with respect to the execution of official and defence duties public officials and defence forces in relation to hot from within the zone, exclusive economic zone and continental safety zones around shelf undertaken accordance with Article 111 of the Convention and the conduct such execution. A person who does any act pursuance {)l" intended pursuance of the functions cor:ferred on or under this Act shall not be subject to any civil criminal in of such act, whether on the of -vvant mistake of la N or fact or on any other to act, in bad faith. unless that person has acted or omitted A.D. 2010] Limits of the contiguous zone. Grounds :for d:cnial of entry into Guyana. Commission of offences in the c.ontinguous z.one. 3 MARITIME ZONES [No. 18 1PARTV THE CONTIGUOUS ZONE 17. The contiguous zone comprises the area of the sea that has as its inner limit the outer limit of the territorial sea and as its outer limit the line every point of which is a distance of twenty-four nautical miles fro'n the nearest points of the baselines of the ten-ito rial sea. 18. Where the Minister has reasonable grounds tJ believe that a person in the contiguous zone would, if that person were to enter Guyana, commit an offence in relation to a customs, fiscal, immigration or sanitary law. the Minister may, subject to Guyana's international obligations, deny that person entry in.to Guyana. 19. (1) Subject to subsection (2), where there is reasonable ground to believe that a person has committed an offence in th<; contiguous zone in respect of any customs, fiscal, irnmigration or sanitary every power of arrest, entry, search or seizure or other power that could be exercised in Guyana in respect of that offence may also be exercised in the contiguous zone. (2) A power of anest shall not be exercised in the contiguous zone on board any vessel registered outside Guyana without the consent of the Attorney General of Guyana. (3) Without limiti.Ilg subsections (1) and (2), the Minister may exercise other powers and take measures in or in relation to the contiguous zone as the Minister considers necessary for the security of Guyana. Any person who commits an offence in Guyana from the contiguous zone or enters Guyana having conunitted an offence in the contiguous zone is liable on conviction C•n indictment to a fme of seven million dollars and i:o imprisonment for seven years. Guyana has and may exercise in respect of the contiguous zone such powers and authori~y as may be necessary to prevent or punish the infringement within Guyana, including its internal waters and tenitoriai sea, of any written law with respect to customs, fiscal, or sanitation. No. 18] Limits of the continental shelf Righ\5 in tl1e continental shelf. LAVVS OF GUYANA (A.D. 2010 (6) The Minister may make that in the contiguous zone, the exercise of controls necessary to of any customs, or its intemai waters and tenitorial seo.; and the of those laws committed within its internal waters and terri<orial sea. 20. The the sealed and its subsoil of the submBxine areas that extend the natural prolongation (a) subject to Article 76(2) of the Convention, to the outer edge of the contineetal or to a distance of two ntilnclrea nautical miles from the baselines of the territorial sea where the outer edge of the continental does not extend up to distance. Where the outer edge of the continental extends two the President may, the C'uter limits of the continental shelf establish and methods of delineation of the continental shelf specified in Aiticle 76 of the (3) For the purposes of subsection:; and the continental comprises the submerged seabed and its the rise of the continental shelf, does nol include the ocean floor with its oceanic or its subsoil. 21. Ln the continental shelf and exclusive rights for the purpose of Jts natural resources; fur the authorisation and maintenance and use of artificial off-shore installations and other A.D. 2010) Licence or authority to explore or exploit resources. Declaration of designated area. 15 }vfARJTIME ZONES [No. 18 structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any othe· economic purpose; (c) exclusive right to authorize and regulate drilling for any purposes; (d) jurisdiction to authorise, regulate and contwl marine scientific research; and (e) jurisdiction to preserve and the marine environment and to and control marine pu.auuu.a. (2) The natural resources to which subsection {J) (a) refers consist of the mineral and other non-living resources of the seabed and subsoil together with living orgaJ.J.isms belonging to sedentary species, that is to say, orgat"1isms at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoiL 22. (1) A person, including a foreign government a nd an international organization, shall not, in the continental shelf, except under and in accordance with the terms of a licence or a letter of authority granted by the President (a) explore or exploit its resources; (b) carry out any search or excavation or conduct any research; or ( c} drill or construct, maintain or operate any <ntificial island, off shore terminal, installation or other slructure or device for any purpose. (2) person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of three million dollars and on conviction on indictment to a fine of five million dollars, and in addition the court before which the person was convicted may order the forfeiture of any vessel and equipment used in the commission of the offence. 23. The President may order declare any area of the continental shelf and its supe1jacent waters to be a designated area for any purpose; and make any provisions as the President consider:> necessary with respe:ct to (i) the exploration, exploitation and protection of the resources of the continental shelf within the designated area; No. 18] Submarine cables and pipelines in the continental shelf. Exercise of jurisdiction in the continental shelf LAWS OF GUYANA 2010 ·---·---------------- the the area; the of area. of artifici<il off-shore and other stmctures and devices in the and of the marine environment o:f passage the the establishment of schen1es or any which is not of mari11e scienti::lc research m the area of section 23 and subject to any measures that may be necessary for the interests of Guyana, the Government shall not the laying or maintenance of any submarine cables or on the continental shelf other States that the con.sent of Minister shall be necessary ior the delineation of the course 25. In vvith rc:gard to customs, fiscal, security laws in relation to the continental shelf To enable to exercise the sovereign rights and jurisdictim1 it has in the continental shelf then~ is extended to the continental to the extent recognised by international the the laws of Guyana :shall apply to mtificial inst<lllations and structures on the continental shelf as were the continental shelf and the continental ex;rcised in accordance with the international law and laws of A.D. 2010] Limits of the exclusive economic zone Rights in the exclusive economic zone. Rights of navigation and over flight 7 MARITIME ZONES [No. 18 ( 4) In exercising its rights and perfotming its duties in the continental shelf, Guyana shall have due regard to the right and duties of other States and shall act in a manner compatible with international law. PAa1TVH EXCLUSIVE ECONOMIC ZONE 26. (1) The exclusive economic zone comprises m area of the sea and adjacent to the territorial sea to a line every point of \vhich is a distance of two hundred nautical miles from the nearest points of the baselines of the territorial sea and is so designated as the exclusive economic zone of Guyana. (2) The Minister may by regulations, prescribe the line of the outer limit of the exclusive economic zone. 27. In the exclusive economic zone, there is vested in Guyana (a) sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both and non-living as well as for producing energy from tides, cunents and winds; (b) exclusive rights and jurisdiction :for the construction, maintenan.ce or of artificial island, off-shore tem1inals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose; (c) jurisdiction to authorise, regulate and control marine scientific (d) jurisdiction to preserve and protect the marine environment and to n"I"I>Uf>r!T and control marine pollution; (e) with regards to customs, fiscal, health, security and and (f) other rights that are recognised by international law. 28. ln the exclusive economic zone and the air space over the zone, every State shall, subject to the exercise Guyana of its rights withi.11 the zone, enjoy freedom of navigation and over flight. No. 18] Licence or authority ta explore. or exploit . , resources ll1 tne exclusive eeonmnic zone. Declaration of designated mcas in the exclusive e:conomic zone. LAWS' OF GUYANA [A.D. 20!0 29. A person, a government and an international shall not, in the exclusive economic :cone, under and in accordance v1ith the of any written or of a iicencc or letter of the President any resources; driil any artifkia! shore othe1 structure or purpose. this section shaH in relation to Any person who contravenes subsection commils liahle on summary conviction to a fme of three million do liars offence and is on conviction on indictment to a fme of Hve million and in addition the person was convicted may order the forfeiture of any ves.>el and commission ofthe oftence. 30. The President may order the declare any area of the exclusive econ,)mic zone to be designated area for any purpose; and make as the President eon:;iders necessary to of the resources of any other activities for the economic: area such as the energy from of offshore installations any ')ther structure devices in the of the marine environment of area; customs and other fiscal matter:; relation to the area; or A.D. 2010] Exercise of jurisdiction in the exclusive economic zone. Extension of norms to the exclusive economic zone. Application of other rights not provided in this Act Delimination of the boundaries of the territorial sea, 19 A1ARJTJME ZONES [No. 18 (vi) into and passage thmugh the designated area of foreign vessels by the establishment of fairways, sea lanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the iJlterests of Guyana. 31. To enable Guyana to exercise sovereign rights and jurisdiction it has in the exclusive economic zone there is extended to that zone, to the extent recognised by intemationallaw, the laws of Guyana. (2) In particular, the law of Guyana shall apply to artificial islands, il1stallations and structures in the exclusive economic zone as if they were in the territorial sea. (3) In exercising its rights and perfom1ing its duties in the exclusive economic zone, Guyana shall have due regard to the rights and duties of any other state and shall act in a manner compatible with international law. 32. The norms, regulations and measures for the prevention, reduction and control of pollution from vessels, aircraft, artificial islands, scientific research stations, instaliations a .. nd structures which are h"l effect within the limits of the intemal waters, territorial sea and the contiguous zone shall extend to the exclusive economic zone, taking into account international rules and standards, international treaties and conventions to which Guyana is a pa1ty. 33. Rights enjoyed Guyana ill the exclusive economic zone that are not stipulated in this Act shall be exercised in accordance with the Convention, intemationallaw and the laws of l?ARTVm DEl)lNJiHATliON OF l'v1ARHlME BOUNDAl'UES 34. (1) In accordance with A1ticle 15 of the Convention and international law, delilnination of the territorial sea between Guyana and any State opposite or adjacent shall be agreement between Guyana and that State and falling agreement the tenitorial sta shall not be extended beyond the median lil1e every point of which is equidistant from the nearest points on the baselines from which the breath of the territorial sea of each ofthe two States is measured. No. 18] LAWS OF Gl IYA1'·1A 2010 De1im1nation of the bo1.mdarics of the continental shelf and the exclusive econor.nic zone. Settlement of disputes. Publication of agreement. Subsection shall not where it is necessary reason of hJstoric title or other circumstances to delimit the territorial sea of Guyana in a way which is at variance with subsection 35. Delimitation ofthe boundaries ofthe continental shelf and the exclusive economic z.one between and any State or to shall be on the b3sis of intemationsJ as referred to i\.rticle 38 of the solution. 36. a>2rec:rrwrn can be reached under sedions 34 ''tnd 35, shall for Part XV ofthe Convention. 37. under sections 34 and 35 as soon as ai1er it is entered be A.D. 2010] Preparation of charts and geographical coordinates. PublicatioJJ of charts and geographical coordinates. Evidence of charts or lists of geographical coordinates. 21 MARITIME ZONES [l'Jo. 18 PARTKX CHARTS AND GEOGRAPHICAL COORDINATES 3 8. (1) TI1e Minister for lands and Smveys shall, in consultation with competent authorities, prepare charts of an adequa1e scale for ascertaining the positions of the following matters (a) the baseiines ofthe territorial sea; the outer limit lines of the territorial sea, the continental shelf and the exclusive economic zone; (c) the lines of delimitation of the territorial sea, the continental shelf and the exclusive economic zone; (d) sea lanes or traffic separation scheme~;. (2) A list of geographical coordinates of points specifying the geodetic datum for the baselines, outer limit lines or lines of delimitation may be substituted for a chart under subsection 39. The Minister responsible for lands and Smveys shall (a) L'11 consultation with the Guyana Lands and Surveys Commission, publish the charts and lists of geographical coordinates prepared; and (b) provide a copy of each chart and list of geographical coordinates to be deposited with the Secretary-General ofthe United Nations. 40. (1) The Minister responsible for Lands and Surveys may issue charts or lists of geographical coordinates prepared under section 3 8 on payment of the prescribed fees. (2) A document certified the Minister responsible for Lands and Surveys to be a true copy of a chart or list of geographical coordinates shall be accepted in any proceedings as evidence of any matter shown in the document, but without prejudice to the to adduce evidence in rebuttal. the Minister responsible for Lands and Surveys that the chart is for the time being an authorised and accurate chart shall be admissible as conclusive evidence of the matter stated in the certificate. No. 18} Regulation of rnarine scientific research in ihe maritime zones. 22 LAWS OF GuYANA A person other than Minister refeJTed ro in subsection who b" nrc>oJnnPrl to be authorised to AlRT 41.(1) Article 245 of the Convention scientific resenrch in th.e te.rritorial sea. (2) m exercise of 2010 for lands and surveys, in the absence of to it. international and in auihorise conduct marine as for international law and Article 246 of authorise and conduct marine scientific research the ez:clusive economic zone and on the continental shelf in accordance with the relevant of the Convention. (3) Without of subsections anc! the in consultation with the Minister for th•o environment may make Arti,:;les 245 to 253 of the Convention so far as relate to any n1arine scientific research. (4) A person, OJ international organization out any maru1e scientific research under this section in accordance with Artid.es 24.5 to 253 of the as soon as pn,cticable, and full of any research ail any other person who liable on summary conviction may order th:~ forfeiture offence. a fme make available to reports of the research C.'erived fmm the re:Jcarch subsection comrniL and is five million dollars and addition court conunission of the AD. 2010] Limits ofthe maritime cu'ltural area. Rights in the maritime cultural area. Underwater cultural heritage. 2 '" ;] AfARJTIME ZONES lP'ARTXI l'\llt\1UTIME CUL 1'UJRAL AREA [No. 18 42. The Minister may by order declare an area within the tenitorial sea and the contiguous zone to be known as the maritime cultural area. 43. Guyana has omiTP1""PHm rights and exclusive jurisdiction in its maritime cultural area. (2) Subject to any other law or international treaty to which 1s a party, Guyana in respect of objects of an archaeological or historical nature found in the maritime cultural area, the same rights and powers as it has in respect of its internal waters and territorial sea. 44. The Minister responsible for Culture may authorise activities directed at underwater cultural heritage within the territorial sea and contiguous zone. (2) A person, entity, foreign government or intemational organization shall not engage in any underwater cultural heritage activity within the territorial sea or contiguous zone, except under and in accordance with the terms of a licence or letter of authority gnmted by the Minister responsible for culture or any written agreement of the Govermnent of Guyana. (3) A person, foreign govermnent or internalional organization shaH not engage in any commercial exploitation of underwater cultural heritage for trade or speculation or its irretrievable dispersal within the territorial sea or contiguous zone. A person who contravenes subsection (2) or commits an offence and is liable on summary conviction to a fine of five million dollars and i11 addition the court may ordu the forfeil:ure of any vessel and equipment used in the commission of the oJience. (5) The Minister in consultation 'Nith the Minister responsible for culture may make regulations to regulate and authorise activities directed at underwater cultural heritage within the territorial sea and contiguous zone in accordance with Articles 7 and :5 of the lJNESCO Convention. No. i8] Eco-tourism. marine parks and reserves <md mad culture operations. Designated areas for ceo tourism, marine parks and reserves and rnari culture operations. LAWS OF GUYANA 2010 The in ensure that the Rules Concerning Activities Directed the Underw<cter Cultural Heritage set out in he A.nnex to the Ul\TESCO Convention are the pro for other malters incidental to cultural sites of interests and of historic at sen. and its sites in the maritime cul!ural sea. 45. marine any of the maritime zones with a issued and harbours. A person shall not any ceo-tourism, marine parks and reserves and maricultnre . ' m sucn a Vv'ay as have any :;ignificant adverse effects on any of the marine A person who contravenes subsection (l) or commits an offence and is liable on summary conviction to a fine of five million dollars, and in addition the court may order the forfeiture of any vessel and equipment used in the commission of the offmw::. 46. The Minister may any area of any maritime zon.e forth:: establishment or creation of any of any maritime zone for the establishnent creation of any area of any maritime zone or any island within any maritime zone for the or 1;reation of marine reserve and any area of any maritime zone for the establishment or creation of A.D. 2010] Establishment and regulation of ceo-tourism, marine parks and reserves and mari culture operations. Regulations for the protection and preservation of the marine environment. MARITIME ZONES lNo. 18 47. (1) The Minister in collaboration with the relevant ministries and agencies may make regulations for any ofthe operations refene:d to in section 46. (2) Regulations providing for mariculture operations shall apply (a) to all mariculture boats of and activities done with those boats and their crews wherever they may he; and to all foreign mariculture boats and activities done with those boats and their crews, in waters within the mariculture area. PARTX:m THE PROTECTION ANn PRESERVATION OF THE lV'!ARINE El'ITVIRONMENT 48. The Minister in consultation with the Minister responsible for the environment may make regulations for the protection and preservation of the marine environment including regulations for (a) the prevention, reduction and control of pollution of the marine enviro11ment (i) from land-based sources, includitlg rivers, estuaries, pipelines and outfall structures; (ii) from or in connection with seabed activities subject to Guyana's jurisdiction; (iii) from artificial islands, installations and structures under Guyana's jurisdiction in accordance with Articles 60 and 80 ofthe Convention; from dumping; from or through the atmosphere, applicable to the air space under Guyana's sovereignty; and (vi) :6~om vessels flying Guyana's flag or vessels or aircrafts under its registry; (b) regulating conduct in, and safeguarding the maritime zones; (c:J environmental assessment of economic and other activities i;•1 the maritime zones; (d) environmental control in the maritime zones; (e) monitoring of the condition of the maritime zones; (f) protection and preservation of areas used as ceo-tourism areas, marine reserves, marine parks, mariculture areas and scientific research areas; and No. 18] Ivleasures to prevent n1arinc environment Mm·itime safety and security in the maritime zones. Sovereign rights of self defence in the maritime zones. Po·.ver to make subsidiary legislation LA VVS OF GUY.A.NA 2010 ·~-· any matters the and of the marine 49. person who engages any thnt results in of the marine envimrunent commits an offence and is liable on stmmary conviction to a fine million dollars and to for ten years. any other the IVIinister any me21sure necessa1y to be nny vessel or a]rcraft in any area o:f the sea or tbe sea, in order to from or mty threat of pvcH .• .,v.• or an act or omis:>ion relating to such ,,a,,uany and which may any harmful consequence~;. PART XIV GENERAL 50. The President may take any action that is necessary in waters, te!Titorial sea or zone to preserve and maintain in fhe President may establish installations and structures the exclusive economic zone and continental. shelf in 'vhich measures may be taken to ensure the i.J.J.stallations and structures. of of the Sl. the President may take any action in any area of the sea or in the airspace above the sea as is necessary to mairttaLn national sovereignty and tenitorial in the exercise of the contained in A1ticle 51 of the Charter of the United Nations. 52. the ' rnay 1naKe the manner of passage and of the route be taken of self defence effect to power, notification of intended radioactive AD. 2010] Order to extend law. 27 M4RJTIME ZONES [No. 18 (b) permitting the exercise of controls necessary to prevent or punish the infringement of the customs, fiscat, immigration or sanitary laws within Guyana, its internal waters and territorial sea; (c) establishing the outer limits of the contmental shelf and exclusive economic zone; (d) fees in relation to licences and letters of authority referred to in sections 22 and 29 or for any other purposes; regulating the conduct of any person in the maritime zones; regulating the and exploitation, conservation and management of the resources of the continental shelf and the exclusive economic zone; (g) regulating the construction, maintenance and operation of artificial islands, off-shore termin.als, installations and other structures and devices of the continental shelf and the exclusive economic zone; (h) regulating and authorising activities directed at underwater cultural heritage within the contiguous zone; (i) establishing or creating and regulating the conduct of, and saf"eE,ruarding any of the operations referred to in section 47, including regulations with respect to the identification and markings of the boundaries of the operations, boats and gear; (j) preserving and protecting the marine environment and prevention and control of marine pollution including any of the related matters referred to in section 49 (2); (k) authorising, regulating and controlling the conduct of scientific research. (2) The po,wers under subsection (1) are in addition to those conferred on the Minister to make other subsidiary legislation 1mder the other provisions of this Act. In any ""l'"R"'"' this the Minister vested with the legislation with respect to provisions under to do so may prescribe offences and penalties that may be in respect of those offences that are necessary for giving full effect to those provisions under this Act. 53. The President may by order extend, with exceptions and modifications as may be specified in the order, the application of any law in force in Guyana or any part of the law to the continental shelf and the exclusive economic zone (including any area declared to be a designated area) and make provisions as the President may consider nece:;sary for facilitating the enforcement ofthe law and the law, so extended, shall have effect in relation to the continental shelf and the exclusive economic zone as if those maritime zones to which it had been extended are parts of the tenitory of Guyana. 1\lo. 18] /\m.endrnents, tram:itiona! and savings. No. 10 of1977 No. 10 ofl977 Repeal. No. 10 of 1977 LAWS Ol"" GUYANA 2010 54. The laws refened to in the first column of the Schedule are amended to the extent set out in the second column of the Schedule. reference to the internal waters, exclusive economic zone and continental shelf in any law zone, territorial sea, in relation to any after the commencement of this be constmed as reference to those waters and zones referred to in this Act. refe1·ence or m :my law in relation t) re,~ource.':: shall be construed as reference to ·the exclusive Eeconomic zm1e referred to in this zone i.."l any other law in relation to fi~;cal. matters or matters ,,uw""u'u'·'"' shall be cons1Tued as reference to or sanitation vvuu.r-;"'v""' zone referred to in this Act. such (5) With effect from the commencement of this any reference of the Maritime Boundaries Act 1977 in any law shaH be construed "'"""·"''"" and exceptions as may be necessary Until other baselines are detem1:ined i.11 acco:dance this Act, the the t'~lTitorial sea, the continental shelf and the exclusive economic zone :Zor the purposes of this be taken to be those that existed under the Maritime Boundaries Act 1977 before commencement of this A ct. (7) section 55, any or made for the purposes of Maritime Boundaries Act 977 and in force before the commencement of this Act shall continue in fore< as if made under and may be are not inconsistent with this L'1 accordance with this Act. A.D. 2010] LAW Customs Act, Cap 82:01 ~:efence Act I Cap. 15:01 I I l L 29 MARITIME ZONES [No. 18 PROV"lSION Section 2 Section 208A(2) Section 208A(3)(v) Third Schedule paragraph 16 section 54 Al\1ENDMJENT I By the substitution for the definition of "waters of I "tJ ~ 11 · 1 OI 1e ro owmg 1 "waters of Gllyana" raeans the internal waters, teiTitoria1 sea and the contiguous zone of Guyana as defined in the Maritime Zones Act 2010;". By the deletion of the words "on and under the high seas and waters". By the insertion immediately before the words "territorial sea" of the words "internal waters,". the substitution for the words "Maritime Bounda.ries Act 1977" of the words "Maritime Zones Act 2010"; and for the words "Act No. lO of1977" of the words "Act No. 8 of2010". ' No. 18] Fisheries Act 2002 No . .12 Iviining Act 1989 No. 20 of Act 1998 Section Section Section Section Section Section 30 WS OF GUYANA 2010 the substitvtion fm· words of the of the sea that are on the landward side of the territorial baselbes". definition nf "fisheries Hfi.sheries \Vaters'' Ineans intemal zone, continental exclusive economic zone as defined by substitution for the words "Maritime Boundaries Act 1977" the words Zones Act 2:0 0". after the word '·'seabed", the \Vords "in the maritime zones of after "seabed" wherever that word appears of "in the zones of for the set of words with the words "the the "internal waters, territorid sea, continentol exclusive economic zcne". word words A.D. 2010] Petroleum (Exploration and Production) Act 1986 (Act No.3 of 1986) 31 MARITIME ZONES [No. 18 Section 2(l)(n) Section 2(2)(a) By the substitution for the set of words beginning with the words "land in Guyana" and ending with the words "economic zone of Guyana." of the words "land in including the intemal waters, zone, continental and exclusive By the insertion, immediately after the word "seabed", where that word appears for the first time, of the words "in the maritime zones of Guyana". By the substitution for the set of words beginning with the wmds "the territorial sea" and ending with the words "the exclusive economic zone" of the words · "internal waters, territorial sea, contiguous zone, continental shelf, continental margm and exclusive economic zone". - ----L....-....---~ Passed on 2010. Clerk of the National Assembly. (Bill No. 36/2009)