Maritime Areas Act, 1983 (Act No. 15)

47 SAIN'I VINCENT AND THE GRENADINES ACT NO 15 OF 1983 I Assent, [ L. S. ] SYDNEY D. GUN-MUNRO, Governor-General. 8th June, 1983 .A...~ ACT to declare the Maritime areas and fo~ matters in­ cidental-thereto and connected therewith. [ On Proclamation BE IT- ENACT:ED by the Queen's Most Excvlllent Majesty, by and with the advice and consent of the Housel of Assembly of Saint Vincent and the Grenadines and by the authority of the same as follows i-s 1. This A.ct may be cited as the Maritime AreasAcb, 1'83 and shall" come into operation on such date as the Governor General. may, by Proclamation, specify. Sho,rttitle and commencement. 2. In this Act, unless the context otherwise requiees ~ Interpl'\I'\tation. "Archipelagic ilea lanes passage.' means the, exercise of the rights :of· navigation and over flight in accord­ ancewith the. international law in the normal 'mode solely "for the purpose of continuous expeditious and unobstructed transit between one part of the high seas or an exclusive' economic zone and another part of the High Seas or an economic zone. "Competent Authority" means the Minister or any person .designatedbv him as the Competent Authority for the purposes of this Act. "Innocent passage" means sea or air passage through the waters of Saint Vincent and the Gr.eMdines which is not prejudicial to peace, .good ord-ai'.c or secur-ity. ~o. 15 48 Maritime Areas 1~ Internal' Waters. Archipelagic waters, Te.rritorial sea. Contiguous zones. Exclusive economia zone., Continental shelf. Tprrihrial Extelnt. "Minister" means the Minister foc Foreign Affairs. " 'Warship" means a ship belonging to the armed forces of a state bearing the external marks dis­ tinzuishinz such ships of its nationality, under the cOIl~mand ""of an offic~r duly commissioned by the Government of the state and whose name appears in ths appropriate service list or its equivalent and manned by! a cr",v which is .undervr egular armed forces ' discipline. "'Vaters of Saint Vincent and the Grenadines" means the ·internal waters; archipelagic waters and terri­ torial sea of Saint .Vincent and the Grnadines. 3. The internal waters of Saint Vincent and 'ihe''"Grena­ dines comprises the waters from the landward side of the archipelagic closing lines "to the low water mark of all the island areas of Saint Vincent and. the .Grena dines. 4. The archipelagic waters of Saint Vincent and the Gr enadines .eomnrise the waters from the landward side of the archipelagic baselines to the archipelagic closing lines. 5. . 'Pheterrstorial seaof~Saint:Vincent·anathe·-Gre.adines comprise the waters 'from 'its archipelagw 'baseHrie:seawatd to a limit of 12 nautical miles. 6. The contiguous zone-of '$am t :Vfiiceri.t 'i~d the Grena­ dines comprises the waters 'contiguous 'to its ·terrirorilil-sea from .its archipelagic' baselines seawardto it limit' of 24utl,\,tical ~~~. . 7. The exclusive e~onomi"C":'Z0nedf'SaintVii1centand )he Grenadines comprises the"waters; 'seabed .andlsubMil, contiguous to ,its;territorialsllafrom' itS'archipel"agi~::ba~~liMsseaward .to a limit of ,,200 .nautical-miles, 8. The c-ontinentaLshelf'ol Sait1'tVi:ti~ertt and the Grena­ dines. comprises the seabed.. subsoil-and. the submarine areas contiguous to its territorlal- sea from. its· archipelagic baselines seaward to a limit of200,riautical.,miles. ' 9. The waters of Saint Vincent and. the Grel'Htdines in eluding the airspace above' and" the ·bed .aad .subsoil thereof form part of the" territory 'of S~tintViIiC'entandthe Grena<p'p.~~., :No. 15 49 Maritime Areas 1983. 10. {I)·Subject to subsections (2) to (4) and section 14; a foreignshipis entitled to enjoy the right of innocent passage through the waters of Saint Vincent and the Grenadines. (2) A -, Foreign war ship shall not navigate in the waters of Saint' Vincent and the Grenadines without the prior perraission of the Competent Authority obtained by the State to which the war shilpbelorigs. (3) "I'heMinister may; by notification in the "Gazette, make regnlations relating .. to the innocent passage of foreign vessels :thrQugh the waters of Saint Vincent and the Grena­ clines in .reapect of any or all of the following s-> (a) ThQ safety of navigation and the regulation of maritima traffic: (b ) ths protection of navigational aids and facili­ ties and otlier facilities or installations; (c) theprotection, of. eables and pipelines ; (d) the cons-ervation of the:.iiving'l'esl'lurces of the sea; (e) the ,pre.ventionof·infringementof 'the laws and regulations ·of Sainb VinC'elit?aI1it -the Grena­ dines governing marine living resources; Right of Passage. (f) the prevention of Vincent and ths veneion, . reduction thereof; the environment of Saint Grenadines and the. pre~ arid control 6f pollution (g) p:larin~~ientific research and' hydrographic surseys, and (h) the prevention of infringment of'Ure customs, fiscal, immigration or sanitary laws and .regu­ lationsof Saint Vifncent and the Grenadines. (4) -The:' Mmister-. ~y, . by order pubfished in the Gazette, suspend temporarily in &pacified:"'ti'r'eas"o{ the waters of Saint V~nce.nt and the Grenadines the innocent passage of Foreign ShIpS If, such suspenslOuis·esseiitial'fot'the protie'dtion Or the security of Saint Vincent and the Grenadines. . No. 15 50 Maritime Areas 1983 NOll iunocent passage of! foreign ships, 11. (1) The passage of a foreign ship is prejudicial to the peace, good order or security of Saint Vincent and the Grenadines where, without the 'prior permission of the Com­ petent .A'lthority obtained by the state to which the ship belongs (,1' the captain or the person in charge of the ship, the ship while in the waters 'of Saint Vincent and the Grena­ dines engages in any of the Iollowing activities i-s <a) any threat or USe of force against the seve­ reignity, territorial integrity or political inde­ pendence of Saint Vincent and the Grenadines, or' acts in any other manner in violation of the principles' of international law embodied in the Chatter of the United Nations; (b) any exercise Or practice with weapons of any kind: (c) any act aimed at collecting information re­ lating to the defence or security; economic eon­ dition or social condition of Saint Vincent and the Grenadines. ' (d) any act by way of propaganda or otherwise aimed at affecting the defence or security of: Saint Vincent and the tirenadines; (e) the launching, landing or taking on board of any aircraft ; (f) the Iaunching, landing or taking on board of devices; (g) the taking on board or, off-loading of any per­ son, fiscal, immigration or sanitary laws Or rezulations of Saint Vincent and the Grsna, dines. (h) any ad of pollution calculated to or likely. to cause damage or harm to Saint Vincent and the Grenadines, its resources or its marine environment; (i)} any fishing activities; No. 15 (j) (k) (1) 31 Maritime Areas the carrying out of research or survey activi­ ties; any act aimed at interfering with any systems of communication or any other facilities or installation of Saint Vincent and the Grena­ dines; such other activity as may be prescribed. 1983. ~2) The passage of a foreign warship in the waters of Saint Vincent and the Grenadines is prejudicial to the peace, good order or security of Saint Vincent where the war ship navigates such waters without the permission required in subsection (2) of section 10. 12. (1) The Minister may, by order published in the Gazette, designate sea lanes and air routes thereabove suitable for the continuous and expeditious passage of foreign ships and aircraft through or over the archipelagic waters and the adjacent territorial sea; (2) All. ships and aircraft enjoy the right of archi­ ~1>elagic sea lanes passage in such sea lanes and air routes; (3) All ships and aircraft shall not navigate closer ',to the coasts of Saint Vincent and the Grenadines than ten jpercent of the distance between the nearest points on islands and the axis lines of the sea lanes. (4) The Minister may, by notification in the Gazette, ~'tablish traffic separation schemes for the safe passage of ships through 'narrow channels in such sea lanes and modify and rsubstitute them from time to time. 113. (1) Every ship in passage shall respect applicab1e !S~a lanes and traffic separation schemes established in accord­ :ance with this Act. (2) Every ship or aircraft exercising the rizht of archipelagic sea lanes passage shall '" (a) proceed without delay through the sea lanes; Archipelagic sea lanee Archipelagic sea Ianea Mo. 15 52 Maritime Areas 1983. Archipolagdc; sea lanes. Regy.lations. (b) refrain from. any threat or use force )against the sovereignity, territorial integrity or politi­ cal independence of states bordering straits, and shall not act in .any manner in violation of. the principles of international law: embodied in the Charter of the United nations ;. and (c) refrain from any activities other' than those incidental to their normal modes or continuous and expeditious passage unless rendered neces­ sary by force majeure or by 'distress: (3) Ships in distress shall.r--> (a) comply with. generally accepted international regulatious, proced t.NS and.practices l()r sJlfety at sea, including the International Regulations for preventing collision at Sea; and (b) comply with generally accepted international regulations, procedures and practices for tile prevention, reduction and control of .pollutioa from ships. (4) Aircraft in pass,ge shall (a) observe the rules-of the Air established, by the International Civil. Aviation Organisation as they 3(lply to civil aircraft and every state aircraft shall.normally comply with such, safety measure and shall at all times. operate with due .regard for the safety of navigation; (b) at all times monitor the radio frequency assigned, by the. appropriate iinternaticnally designated ai~ traffic controL a.u,tl;tprity. 0:1\ .the appropriate. international distress . radio .fre­ quency. (5) During its passage through archipelagie sea lanes, a ,foreign ship.iinoluding maritime 'scientific. research and hydrograph survey ship, may not, carry out any research or survey activities without prior authorisation of 'the Min­ ister. H. (1) The Minister may, by notification inthe Gazette, make regulations relating to archipelagic sea lanes passage in respect of any or all o~ the following: No. 15 53 Maritime Areas 1983. (a) the safety of navigation and the regulation of maritime traffic; . . (b) the prevention, reduction and control of pol­ lution, by giving effect to applicable interna­ tional regulations regarding the discharge of. oil, oily wastes and other various and polluting substances; (c) 'with respect to fishing vessels" the prevention . of fishing including the storage- of fishing gear; (d) the embarking or loading or disembarking or unloading of any person. :commodity, or cur­ rency in contravention of the cust oms, fiscal, immigration or sanitary laws and regulations of Saint Vincent and the Grenadines. (2) Every Foreign ship exercising the right of archi­ pelagic sea lanes passage shall comply with all the laws and . regulations. applicable '. to it . . (3) The flag -stat e of a ship- · 0 1".a ireraf t .entitlad to sovereign immunity Which. acts in Ii manner contrary to any law or regulation shall bear international responsibility for any lesser damage which results to Saint Vincent and the Grenadines. (4) The Minister may levy charges upon foreign ships passing through the waters of Saint Vincent and the Grona­ dint's f0I" speaifie services rendered to them. 15. .In . designating or substituting sea: lanes or pres- rno cribing- Or substituting -traffic separation scheme, the Minister approval. shall-refer-proposals to the International Maritime Organisa tion, or its-successors, 'With a view to ' their adoption, . 16., The. Ministereshall publish charts ' and lists of co- Promulgabjon or.d,infties:.of:. . of-Information. (a) (b) (c) The low-watermark :of :all the '.islanders of Saint:Vincent and the; Grenadines; the archipelagic closing -linss ofSaint:Vincent. and the :Grenadines ; . the archipelagic baselines of Saint. Vincent and the Grenadines; No. 15 54 Maritime Areas 1983 . . ~- Overlapping jurisdietion. Crimdnal and .thar jurisdiction. (d) the outer limits' of the territorial ilea of Saint Vincent and the Grenadines; (e) the outer limits. of the continuous zone of Saint Vincent the Grenadines; (f) the outer limits of ths exclusive economic zone of Saint Vincent and the Grenadines; (g) . the outer limits of the continental shelf of Saint Vincent and the Grenadines: (h) the axis of any archipelagic sea lanes of Saint Vincent and the Grenadines; (i) any traffic separation scheme in the waters of Saint Vincent and the Grenadines: and give due publicity to the charts and lists and deposit a copy of each chart or list with the Secretary General of the United Nations. 17. (1) Where the rights of Saint Vincent and the Gr~na· dines in relation to: (a) the territorial sea, (b) the contiguous zone, (c) the exclusive economic zone, or (d) the continental shelf, overlap with the territorial sea, the contiguous zone, the exclusive economic zone, or the continental shelf of an adjacent state, until such time as a delimitation agreement is reached the seaward limits of the affected offshore areas of Saint Vin­ cent and the Grrnadines' shall extend to the equidistance line between the archipelagic baselines of Saint Vincent and the Grenadines and the territorial sea baselines of the other state. (2) The temporary offshore boundaries created by subsection (1) shall in no way be interpreted as prejudicing any claims which Saint Vincent and the Grenadines may in the futureadvance pursuant to the conclusion of maritime bound. ary delimination with neighbouring states. .18. (l) The criminal jurisdiction of Saint Vincent and the Grenadines shall not be exercised on board a foreign ship passing through the territortal sea or archipelagie waters, of Saint Vincent and the Grenadines nor shall any investigation in connection with any crime committed, save only in cases where No. 15 Maritim e Areas 1983. (a) the consequences of the crime extend to Saint Vincent and the Gre::~:clincs; or (b) the crime is of a kina to disturb the peace of Saint Vincent and the Grenadines or the good order of the territorial seas; (c) the assistance of the local authorities has been re':uested by the ship or by a diplomatic agent or consular officer of the flag .state , or (d) such measures are necessary f orrthe suppres­ sion of illicit tr-affic in narcotic drugs or psychotrepie substal1ce. (2) The Minister may, by uotificatiou in the Gazette, make regulations with regard to the customs, fiscal, health, safety and immigration matters over artificial islands, instal­ lations and structures in the exclusive economic zone or oil the continental shelf of Saint Vincent and the GrllJiladines beyoud the "territorial sea. 19. The Minister may, by astiflcation in the Gazette make regulations' relating to. the exercise of control in th~ eontigucus zone: (a) to prevent infringement of the customs, fiscal, immigration or sanitary regulationsin force on the territory or territorial sea of Saint Vincent and the Grenadines; and ('9) to punish breach of the said regulations eom­ mitted within the territory or territorial sea of Saint Vincent and the Grenadines. 20. The Minister may, by notification in the Gazette, make regulations regarding the exercises of control in .the exclusive economic zone with rezards to: :&egalatiWls rtJlatin~ to the contiguous zone. ~gulatillns relating te· the exclusive economic zone . (a) (b) .the exploration and exploitation, conservation and management of living and non-living, re­ sources of the seabed and subsoil aiid the J~up-er­ jacent waters-; other activities for the economic exploitation of the aone : 56 No. 15 .Maritirae Areas (c) the establishment and use of arfiflcial vislands, installa tions and structures; (a) the exploration anrl exploitation of the living and non-living resources; (b) the establishment and usc of ar-tificial islands, installations and structures: and (c) the prevention, reduction and control of marine jc..lution arisi:lg' from or in connection with seduecl aeti vi ties. marine scientific researeh , ~f), (d) (e) the protection and preservation of tliemarme environment , and any other functional area' of jurisdiction which may be a. e orded to coastal states by iuter national la \V • 31. The. Minister may, by riotification in the Gazette make regulations relating to the exercise of control on the continental shelf with regards to: Regulations r,elating to the continental shelf. Safety ZOIL05. 23. The Minister may, where necessary establish reasoi able safety zones around such artificial islands, installations and structures to ensure the safety both of navigation and of the artificial islands, installations and structures in the exclu­ sin economic zone or on the continental shelf of Saint Vineent and! the Grenadines. lIlsdificution of existing laws. 23. (1) Every law in existenceat the.. commencement of this Act shall be construed with such modifications, adapta­ tions,' qualifications and exceptions as may be necessary to bring it into conforrninitv with the provisions made by or under this Act and the same shall prevail in every case where there is any :,onfiict between nny of the pro visions ,I';e,: ~1:)Y F11('h existing law. (2) The expression "Modiflcattion, adaptions, quali­ fications and exceptions" shall include the automatic exten­ sion, as far as the lAW applicable ta ether parts of Saint Vincent and the Grenadines to the whole of the area within HIe territorial extent set ou: in s.ection 0. ~ o. ];'5 1983. 1.3) Witheut prejudice to the generality of sub­ section. (1), the Governor-General may, by order made at any time before the expiration of five years from the commence­ ment of the Act,make such alterations to any law in existenee as is referred to in subsection (1) as may appear to him to be necessary to bring the provisions of the law in accord ance wit h t he provisions of subsection (1). . Passed i,Ii the House elf Assembly this 19th day of May, 1953 . .J. CLEMENT NOEL, CIGrk of the House of A9I!!embly. Printed by the Government Printer at the Government Printing Office, Kin~town. st. Vincent & the Grenadines. [ Pl'i~e $4.40 CCl'l.h 198iJ.