Continental Shelf Law 1978 (Law No. 6)

CAYMAN ISLANDS Supplement No. 5 published with Gazette No. tor 1978. THE CONTINENTAL SHELF LAW, 1978 (Law 6 of 1978) Date ., ....-: ... .,~ ........ 1" ---- .,. -~ t- 71,e Con. ..., '1wlf LtlW CAYMAN ISLANDS 1. Short title THE CONTINETAL SHELF LAW ARRANGEMENT OF SECffONS 2. lnterpretatiOn 3. Exploration and exploitation cl ecmtinefttal shelf 4, Protection of lnatallationa In destpatea areu s. ADPlleatioe "' mmJnal and clvtl law · e. Safety or naviptian 7. EnforctJnent •· Dlleblrl• of oll t. Af;Nemlntl Jnd liHMII 10. Pl'OIICUtlon of offeneea. 11111.Ca,uinttnltll Sh•lf L,,v: -· 3 CAYMAN ISLANDS Sllfft tltlt, .... 7 of 1ffl lxptorat1011 111d •1&plo1tatlo11 of CllltlMllfll IIMllf, Law 6 of .1978. I assent, L.S. Governor April 19th 1978 A LAW to make provision ror the protection, exploration and exploitation or the continental sheH or the Cayman Islands, the preve-.tion or pollution In con sequence of works in connection with the continental aheU and for other pur poses relating thereto, ENACTED by the Leglslature of U,e Cayman Jslands. 1. This Law may be cited as the Continental Shelf Law,: 1978, 2. In thJs Law, wlleas the context otherwfae requires "Continental Shelf" means the sea bed and sub-soil of the submarine areu adjacent to the coasts of the Islands but 01Jtside its territorial wain to I depth of 200 meh'el or ,uch ,reater depUJ ,. admit, Qf the exploitation of natural resources; "designated anta,. means an area deel&Dlted by order made under the provisions of subaection (3) of lldion 3; "petrolewn" has the meantna ass!lned to it in the Petroleum Law, um . 3. (l) Any rilhts exercfsable with respect to the Cootinental Shelf over the Continental ShelC of the Cayman Ialanda and tbelr nat.unl NIOQrCel for the purpose rl. explorip& that Shell and exploittnc such~ are hereby vtllted 4 - T1tt Contimmtq/ Sht/f t.ow Law r of t911 Protect.on ot" ,n. ,tatt•t,on~ t" d4.>1i•vr1• re-o Jf 1:,n in H<'r Mnjt•1;ty in ri!,'lht of Ht>r Covl:!rnment o! the Cayman Islands. · :! , In relation to any pl'lroleum w,th respect of which rights referri:d to in :--uhs1.•;::tion, t, aret•xerci,;ahlc the Petroleum Law applies subject nevertheless, /(I !Iii!> Lm,i.. :\ 1 Thl' Go\·ernor may from time to time by order designate any area as an are.i w1lt11n which the rijl;hti; referred to in subsection , I, are exercisable. t . : , Tile lrovernor ma,\', by order. for the purpose of protecting any in• sr.111.ition in a designated area. prohibit or restrict ships from entering without \iw µt·rmi:,:,ion of the Governor tiuch part of the zone ex:tending to a distance of fin• !wndrecl metres around such installation as may be specified in such order. t :!. , If any ship enters any part of such a zone in contravention of an order mmlt• undt•r this section the owner or master tht'reof is guilty of an otrence and h.thl<• upon summar}' con\'iction to impristonment for a term not exceeding six months or to a fine not exceeding one thousand five hundred dollars or both unlt•ss he proves that the prohibition was not known, and would not, on n•usonable inquiry. haw become known to such owner or mastt>r. Anlicalin ., :; \ 11 Any a~t or omission which f::.''"• 1 """ c,v,, 1 a .1 takes place on, under or above an ln.stallalion in a designated area or any w.iters \\'ithin five hundred metres of such an installation; and 1 Ii, would. if taking place in any part of the Islands, constitute an offence aga "t any \aw of the Islands. shall ll<.' lreat~d {<lr the purpose of that law as laking place in the Islands. 121 The (,ovt>ruor may, by order, make provision for the determination in ucctirdimct> with the laws of the• Islands any questions arising out of acts or omissions tak(ng place in a designated area, or any part thereof, Jn connection with the exploration of thP sea bed or sub-soil therec>f or the exploitation of their natural resources and for conferring upon the courts of the Islands jurisdiction thert'over. 131 Jurisdiction conferred upon a court under the provisions of this section is without prejudice to the jurisdiction el(ercisable apart from this section by tl'>»t or ~ny other <:ourt. s • 1 , , Y o 1 6. 1 1 > Whoever in a designated area without the written consent of the 11avitll•~- Uo\·crnor (a\ ronstruc:ts, alters or improves any works on, under or o-ver any part of the sea bed; or t b > 1·emoves any object or any material from any part of the sea bed, w that obstruction or danger to naviption ii cauaed or ii likely to reault ta guilty or an o{fence. \ 2 l Applicatlonr. made to the Governor for his consent, under the provisions of subsection < 1, shall be supported by sueh plans and partlculan as the Go\·ernor · requires. m lC the Governor Is of the opinion that any operation in respect of which such application Js made to him is likely to result in obstniction or danger to navigation he shall either refuse his consent or give his consent subject to such conditions as he may think fit having regard to tbe nature and extent of the obstruction tlr danger which ap~rs to him would otherwise be caused or be E11forct1111tt1t. DIKllarge of oil. Atfltm,11tt 111d ·11e.., Tht: Contlnt:ntlll Shelf L<Tw - 5 likely to result. ( 4 l The consent of the Governor under this section has validity during such period as is specified in such consent and any renewal of such consent. 7. ll) Whoever (a>carries out any operation in contravention of subsection, 11 of section 6; or (b)fails to comply with any condition subject to which the consent of the Governor is given under that section, is guilty of an offence and liable on summary conviction to a fine not exceeding three thousand dollars. (2) Without prejudice to subsection <1) whoever constructs, alters or improves any works in contravention of section 6 or !ails to comply with any condition subject to which the consent of the Governor is given, may be served with a notice issued by the Governor requiring him within such period, not being less than thirty days. as may be specified in such notice, to remove the works or make such alteration thereto as may be specified therein and. if it appears to the Governor urgently necessary 110 to do, the Governor may himself cause the works to be removed or otherwise dealt with. (3) If within the period specified in the notice under subsection , 1 > the person ·served therewith fails to comply with it, the Governor may himself arrange for the works to be removed or altered. (4> In any case in which the Governor exercising the powers conferred by subsection (2) or subsection (3) arranges for the works to be removed or otherwise dealt with he shall be entitled to recover as a civil debt the expenses thereof, as certified by him, from the person by whom the works were con structed, removed or improved. 8. ( 1) If any oil to which this section applies or any mixture containing not less than one part ot such oil in fifteen thousand parts of the mixture is discharged or escapes into any part ol the sea <a>from a pipeline; or < b) as a result of any operations for the exploration of the sea bed and sub. soil or the exploitation ol the natural resources thereof in a designated area, the owner of the pipeline or, as the case may be, the person carrying on the operations, la guilty of an offence unless he proves, in the case of a discharge from a place in his occupation, that it was due to the act of a person who was there without his permission, express or implied, or, in the case of an escap.:, that he took all rea1onable care t.n prevent It and that as IOOll as practicable after it was discovered all reasonable steps were taken for stopping or reducing 1t. (2) This section applies to crude oil, fuel oil, lubricating oil and heavy diesel oil, as the same may be defined by the Governor by order made under this section, and to any other description of oil which may be so defined by the Governor having regard to the persistent character of that oil and the m:elihood that it would e1use poll~tion lf discharged or allowed to escape into the sea. 9. (1) The Governor may enter into agreements or grant licences to explore the sea bed or sub-soil or to exploit lbe resources thereof in any area to which this Law applies upon such terms and eondltiou conslttent therewith as to him may appear proper, Pro,wcv1,011 ·"·"'"\ , :! , !':othinµ in tlw l't-trol(•um Handling and Stornge Law shall apply to .u1~·thi111( lawfully dmw or runittt•d lo be.' dmw undt'r nu agreement or licence undt•r this Law. 01 111. 1 I, Pron•1•clinAs lor any ol"h-ncl' undt'r this -Law tincluding an Offt'nce undt•r an~ otllt'r l.n1. ;1s aµpli<-d by or undl'r-this Law> and anything which is an offt"ll\"t' by virtue of sub:ll'<.'lion, t, of St><.'lion 5 may be taken. and. such offence may tor all inl'idt•ntal purposes be treated as having been committed in the Isl.ind);. . , :.: 1 When• a body corporate is guilty of such an offence and the orrenCt' Is prun•d to h .. we het•n committed with the consent or connivance of, or to be at• tt:ibutubh.• to ·any n<ogl~-ct on the part ot any director, manager, secretary or ol h,•r similar:offil'cr of lht• hod5• corporate or ,my person who was purporting to at·t in any such capacily lie, u well. aii the body corporate, is guilty of the of• Ct•fk:e und liuble tu be: Pl"O(."(.-eded against and punished accordingly f<'ur th<' purposes of this subsection, "director" in relation to any statutory corporation. the affairs of which are managed by its. members, means a member of that corporation. Passed.the Legislative A$Sembly this tUh day or April, 1978. T, RUSSELL President SYBIL McLAUGHLIN Clerk of the Legislative Assembly.