Maritime Borders of the Territory of the Democratic Republic of Timor-Leste (Law No. 7/2002)

Page 1 National legislation - DOALOS/OLA - United Nations asdf National Parliament Law No. 7/2002 Maritime Borders of the Territory of the Democratic Republic of Timor-Leste The Constitution of the Democratic Republic of Timor-Leste provides in article 4, paragraph 2, that the law must establish and define the extent and the limit of the territorial waters, the exclusive economic zone and the rights of Timor-Leste in the contiguous zone and continental shelf. The Constitution further provides that such matter shall fall under the exclusive legislative competence of the National Parliament, even if initiated by the Government (article 97, paragraph 1, subparagraph c), and article 115, paragraph 2, subparagraph a)). Under the terms of article 92 and of article 95, paragraph 2, subparagraph b), of the Constitution of the Democratic Republic of Timor-Leste, the National Parliament enacts the following, which shall have the force of law: Article 1 Definitions For the purposes of the present Law: (a) "Baselines" means the baselines from which the width of the territorial sea is measured, as referred to in articles 2 and 3 of the present Law; (b) "Contiguous zone" means the contiguous zone of Timor-Leste, as referred to in article 6 of the present Law; (c) "Continental shelf" means the continental shelf of Timor-Leste, as set out in article 8 of the present Law; (d) "Territory of Timor-Leste" includes the eastern part of the Timor Island, the enclave of Oe-Cusse Ambeno, the island of Ataúro and the isle of Jaco, as well as other islands and natural formations constituting dependencies susceptible of appropriation; (e) "Exclusive economic zone" means the maritime zone beyond the territorial sea of Timor-Leste and adjacent thereto, as established in article 7 of the present Law; (f) "Internal waters" means the internal waters of the territory of Timor-Leste, as referred to in article 4 of the present Law; (g) "Low-tide line" means the low-tide line of the seashores of the territory of Timor-Leste, as shown in official larger-scale maps officially recognized by the Government of Timor-Leste; (h) "Minister" means the Minister as may be designated by the Prime Minister to have competence in matters of maritime spaces and borders of Timor-Leste and of jurisdiction thereover; (i) "Nautical mile" means the international nautical mile of 1,852 metres; (j) "Territorial sea" means the territorial sea of Timor-Leste, as referred to in article 5 of the present Law. Page 2 National legislation - DOALOS/OLA - United Nations asdf Article 2 Normal baseline 1. Without prejudice to the provisions of article 3, the normal baseline for measuring the width of the territorial sea of Timor-Leste shall be the low-tide line along the coast of the territory of Timor-Leste. 2. Permanent port facilities situated farther away from the coast, which form an integral part of the port system, shall be considered to be a part of the coast. Article 3 Rivers and bays 1. If a river flows directly into the sea, the baseline shall be a straight line drawn across the mouth of the river between the limit points of the low-tide line of its banks. 2. Without prejudice to the applicable norms of international law, if the sinuosity of the coast forms a bay, the baseline shall be a straight-line segment between the natural entry points into the bay on the low-tide line. 3. Paragraph 2 above shall not apply to "historic bays", and the Minister may declare a bay as a "historic bay" and define the outer limits of the bay in question. Article 4 Internal waters The outer limit of the internal waters of the territory of Timor-Leste shall be the baseline from which the width of the territorial sea of Timor-Leste is measured. Article 5 Territorial sea The outer limit of the territorial sea of Timor-Leste shall be defined by a line in which each of the points is situated at a distance of twelve nautical miles from the nearest point of the baseline. Article 6 Contiguous zone The outer limit of the contiguous zone of Timor-Leste shall be defined by a line in which each of the points is situated at a distance of twenty-four nautical miles from the nearest point of the baseline. Article 7 Exclusive economic zone The outer limit of the exclusive economic zone of Timor-Leste shall be defined by a line in which each of the points is situated at a distance of two hundred nautical miles from the nearest point of the baseline. Article 8 Continental shelf The outer limit of the continental shelf of Timor-Leste shall be defined by a line in which each of the points is situated at a distance of two hundred nautical miles from the nearest point of the baseline or by the outer edge of Page 3 National legislation - DOALOS/OLA - United Nations asdf the continental margin, in case the continental margin is located at a distance exceeding two hundred nautical miles from the baseline. Article 9 Overlapping titles over maritime spaces Without prejudice to the provisions of articles 5 to 8, in case of overlapping between titles of Timor-Leste and those of neighbouring States over maritime spaces, the delimitation shall be resolved through peaceful means of dispute resolution, in accordance with Article 33 of the Charter of the United Nations, taking into account the principles and rules of international law relating to the delimitation of maritime spaces. Article 10 Sovereignty, sovereign rights and jurisdiction 1. The sovereignty of Timor-Leste shall, apart from its territory and interior waters, cover the territorial sea and the airspace above the territorial sea, as well as its seabed and subsoil. 2. In its contiguous zone, the State of Timor-Leste shall exercise the required monitoring: (a) To avoid offences against customs, tax, immigration and health laws and regulations in its territory or in its territorial sea; (b) To repress offences against laws and regulations in its territory or in its territorial sea. 3. In its exclusive economic zone, the State of Timor-Leste shall have: (a) Sovereign rights for the purpose of exploring and using, preserving and managing natural resources, living and non-living, in the waters above the seabed, on the seabed and in its subsoil and those relating to other activities aimed at exploring and using the exclusive economic zone of Timor-Leste for economic purposes, such as energy production from water, currents and winds; (b) Jurisdiction concerning: (i) Placement and use of artificial islands, facilities and structures; (ii) Marine scientific research; (iii) Protection and preservation of the maritime environment; (c) Other rights and duties as recognized by international law. 4. The State of Timor-Leste shall exercise sovereign rights over the continental shelf for the purposes of exploring and using its natural resources, as well as other rights as recognized by international law. 5. The sovereign rights exercised by the State of Timor-Leste over the continental shelf shall be independent of its occupation, real or fictitious, or of any express statement. Article 11 Topographic maps and geographic coordinates The National Parliament shall, within a reasonable period of time, at its own initiative or through a bill, prepare scale maps appropriate for determining the position of the lines of outer limit and for demarcating the Page 4 National legislation - DOALOS/OLA - United Nations asdf territorial sea, the exclusive economic zone and the continental shelf or, where appropriate, lists of geographic coordinates of points where it is specifically mentioned the geodesic origin of those lines, which shall be duly publicized, and a copy of each of those maps or lists shall be deposited with the Secretary-General of the United Nations, as soon as the international law instruments referred to in article 12 below are received into the internal legal system. Article 12 International law The competent organs of sovereignty shall, within a reasonable period of time, through appropriate constitutional and legal mechanisms, promote the approval of, accession to and ratification of the treaties, conventions, agreements and protocols that exist in the area of the law of the sea, particularly the United Nations Convention on the Law of the Sea of 10 December 1982, concluded in Montego Bay, Jamaica, and the Agreement on the Implementation of Part XI of the same United Nations Convention on the Law of the Sea of 10 December 1982. Article 13 Effect The present Law shall take effect as from 20 May 2002. Passed on 23 July 2002. The Speaker of the National Parliament Francisco Guterres 'Lú-Olo' Promulgated on 24 August 2002. To be published. The President of the Republic José Alexandre Gusmão 'Kay Rala Xanana Gusmão'