Maritime Areas Act


Published: 1982

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Maritime Areas (CAP. 260 1

CHAPTER 260

THE MARITIME AREAS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Internal waters.
4. Archipelagic waters.
5. Limits of territorial sea.
6. Baselines of territorial sea.
7. Contiguous zone.
8. Continental shelf.
9. Delimitation of continental shelf in certain cases.

10. Exclusive economic zone.
11. Fishery zone.
12. Jurisdiction in respect of internal waters, archipelagic

waters and territorial sea.
13. Jurisdiction in exclusive economic zone.
14. Jurisdiction in fishery zone.
15. Jurisdiction in respect of the continental shelf.
16. International activities in exclusive economic zone.
17. Negotiating maritime boundaries.
18. Entitlement to right of innocent passage.
19. Non-innocent passage.
20. Transit passage.
2 1 . Archipelagic sea lanes passage.
22. Power of Police and authorised persons.
23. Immunity.
24. Jurisdiction.
25. Charts of maritime areas etc.
26. Evidence of charts etc.
27. Publicity of charts etc.
28. Regulations.
29. Offence.
30. Arrest on board foreign ship in territorial sea, etc.

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2 CAP. 260) Maritime Areas

Section

3 1. Civil jurisdiction in relation to foreign ships in territorial
sea.

32. Sea lanes etc.
33. Binding of the Crown.
34. Application of laws.
35. Repeal.

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Maritime Areas ( C A P . 260 3

MARITIME AREAS

(1st September, 1982.)

1. This Act may be cited as the Maritime Areas Act. Short Title.

2. In this Act-

"archipelagic waters" means the waters defined in
section 4;

"baselines" means the baselines of the territorial sea
specified in section 6;

"Competent Authority" means the Minister or any per-
son designated by him as the Competent Authority
for the purposes of this Act;

"continental shelf' means the continental shelf of
Antigua and Barbuda as defined in Section 8;

" exclusive economic zone" means the exclusive
economic zone of Antigua and Barbuda as defined
in section 10;

"fishery zone" means the fishery zone of Antigua and
Barbuda as defined in section 11;

"foreign ship" means the ship of a foreign state;

"foreign state" means a state other than Antigua and
Barbuda;

$ $ ' innocent passage" means passage which is not deemed
to be prejudicial to the peace, good order or security
of Antigua and Barbuda;

Interpretation.

"internal waters'' means the internal waters of Antigua
and Barbuda as defined in section 3;

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4 CAP. 260) Maritime Arem

Internal waters.

"low-water line" means the low-water line of the coasts
of Antigua and Barbuda at lowest astronomical tide;

"Minister" means the Minister responsible for Exter-
nal affairs;

" nautical mile" means the international nautical mile
of 1852 metres;

"passage7' means the navigation of a ship in archipelagic
waters or the territorial sea without stopping or
hovering, but includes stopping, hovering and
anchoring in so far as the same are rendered
necessary by force majeure or by reason of distress
or for the purpose of affording assistance to per-
sons, ships or aircraft in danger or distress;

"ship" includes vessel, boat or sea-craft of any kind;

"submarine areas" includes the sea-bed and subsoil
thereof;

"territorial sea" means the territorial sea of Antigua
and Barbuda as defined in section 5;

3. (1) The internal waters of Antigua and Barbuda
comprise the areas of the sea that are on the landward side
of-

(a) the low-water line; or

( 6 ) closing lines prescribed pursuant to
subsection (2).

(2) The Minister may, whenever he considers it
appropriate to do so having regard to international law and
practice, by order prescribe closing lines for the purpose of
defining any of the internal waters of Antigua and Barbuda.

Archipelagic
waters.

4. The Archipelagic waters of Antigua and Barbuda
comprise the areas of the sea (other than internal waters)
on the landward side of the baselines.

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Maritime Areas (CAP. 260 5

5 . (1) Subject to subsection (2), the territorial sea of Limits territorial of sea.
Antigua and Barbuda comprises those areas of the sea hav-
ing, as their landward limit, the baselines and, as their
seaward limit, a line measured seaward from the baselines,
every point of which is twelve nautical miles distant from
the nearest point of the baselines.

(2) Where the equidistance line between Antigua and
Barbuda and a foreign state is less than twelve nautical miles
from the nearest point of the baselines, the delimitation of
the territorial sea shall, if practical, be effected by agree-
ment between Antigua and Barbuda and the foreign state;
but to the extent that no such agreement is effected, the
equidistance line shall constitute the seaward limit of the ter-
ritorial sea.

(3) In this section "equidistance line" as between
Antigua and Barbuda and a foreign state, means a line every
point of which is equidistant from the nearest point of the
baselines and the corresponding baselines of the foreign state.

6. The baselines, for the purpose of measuring the Baselines of
territorial sea.

breadth of the territorial sea, shall be straight archipelagic
baselines drawn in relation to Antigua and Barbuda.

7. (1) Subject to subsection (2), the contiguous zone contiwous zone.
of Antigua and Barbuda comprises those areas of the sea
that are beyond and adjacent to the territorial sea having,
as their seaward limit, a line measured seaward from the
baselines, every point of which is twenty four nautical miles
distant from the nearest point of the baselines.

(2) The contiguous zone shall not extend into any part
of the territorial sea of a foreign state and, where appropriate,
subsection (1) shall operate as though it were modified to
the extent necessary to meet the requirement of this subsec-
tion in any particular case.

(3) Antigua and Barbuda has and may exercise in
respect of the contiguous zone such sovereign rights as
Antigua and Barbuda deems necessary to prevent, or punish
the infringement, within Antigua and Barbuda (including
the archipelagic waters and the territorial sea), of any enact-

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6 CAP. 260) Maritime Areas

ment providing controls or prohibitions for or with respect
to customs, excise, immigration or sanitation.

Continental shelf. 8. (1) Subject to subsection (3), the continental shelf
of Antigua and Barbuda comprises those areas of the seabed
and subsoil of the submarine areas that are beyond and
adjacent to the territorial sea throughout the natural pro-
longation of the land territory of Antigua and Barbuda to
the outer edge of the continental margin, or to a distance
of two hundred nautical miles from the nearest point of the
baselines when the outer edge of the continental margin does
not extend up to that distance.

(2) For the purposes of subsection (I), wherever the con-
tinental margin extends beyond two hundred nautical miles
from the nearest point of the baselines, the outer limits of
the continental shelf shall be established with all due regard
to the requirements and limitations of international law rele-
vant to the establishment and delineation of the continental
shelf beyond that distance.

(3) For the purposes of this section, the continental
margin comprises the submerged prolongation of the land
mass of Antigua and Barbuda consisting of the seabed and
subsoil of the shelf, the slope and the rise, but does not include
the deep ocean floor with its oceanic ridge or the subsoil
thereof.

Delimitation of 9. (1) Wherever the equidistance line between
continental shelf
in certain cases. Antigua and Barbuda and a foreign state is less than two

hundred nautical miles from the nearest point of the baselines,
the delimitation of the continental shelf shall be effected by
agreement between Antigua and Barbuda and the foreign
state on the basis of international law in order to achieve
an equitable settlement.

(2) In this section, "equidistance line", as between
Antigua and Barbuda and a foreign state means a line every
point of which is equidistant from the point of the baselines
and the corresponding baselines of the foreign state.

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Maritime Areas (CAP. 260 7

10. The exclusive economic zone comprises those Exclusive
areas of the sea and of the submarine area that are beyond economic zone.
and adjacent to the territorial sea, having as their seaward
limit a boundary line which at every point is a distance of
two hundred nautical miles or such other lesser distance from
the nearest point of the baselines as the Minister by order
prescribes.

1 . The fishery zone comprises those areas of the sea zone.
that are beyond and adjacent to the territorial sea, having
as their seaward limit a boundary line which at every point
is a distance of two hundred nautical miles or such other
lesser distance from the nearest point of the baselines as the
Minister by order prescribes.

12. Antigua and Barbuda exercises sovereignty Jurisdiction in
respect of

over- internal waters.
archipelagic

(a) the internal waters, archipelagic waters and ter- waters and
ritorial sea; and territorial sea.

(b) the airspace over the bed and subsoil of the
internal waters, archipelagic waters and territorial sea.

13. In the exclusive economic zone Antigua and Jurisdiction in
exclusive Barbuda shall, subject to international law, exercise- econo,;, zone.

(a) sovereign rights for the purpose of exploration,
exploitation, conservation and management for the
natural resources, both living and non-living, of the
exclusive economic zone as well as sovereign rights with
regard to producing energy from tides, winds and cur-
rents in the exclusive economic zone;

(6) jurisdiction with regard to-

(i) the establishment and use of artificial islands,
installations and structures,

(ii) marine scientific research, and

(iii) the protection and preservation of the marine
environment; and

(c ) such other rights and duties for which provi-
sion is made by international law.

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8 CAP. 260) Maritime Areas

Jurisdiction in
fishery zone. 14. In the fishery zone Antigua and Barbuda shall

exercise the sovereim right and exclusive authoritv to explore ., -
and exploit, conserve and manage the fishery resources of
the fishery zone and the submarine areas thereof in accord-
ance with international law.

Jurisdiction in
respect of the

15. In respect of the continental shelf Antigua and
continental shelf. Barbuda shall, subject to international law, exercise-

(a) sovereign rights for the purpose of the explora-
tion for, and exploitation and management of, natural
resources;

( b ) the exclusive rights to construct and to authorise
and regulate the construction, operation and use of-

(i) artificial islands;

(ii) installations and structures for the purposes
provided for under paragraph (a) or any other
economic purposes;

(iii) installations and structures which may interfere
with the exercise of Antigua and Barbuda
rights in respect of the continental shelf; and

(c) the exclusive right to regulate, authorise and
conduct marine scientific research.

International
activities in

16. Antigua and Barbuda recognises the freedoms of
exclusive navigation and overflight and of the laying of submarine
economic zone. cables and pipelines and other related activities on or within

the continental shelf or the exclusive economic zone in
accordance with the principles, practice and provisions of
international law.

Negotiating
maritime 17. Where the sea or waters of any foreign state are
boundaries. adjacent or opposite to the territorial sea, and the continen-

tal shelf or the exclusive economic zone and there is any
dispute, difference or disagreement between that foreign state
and Government concerning any matter or thing relating
to the seaward limits of the territorial sea, and the continen-
tal shelf or the exclusive economic zone, it shall be lawful
for the Government to enter into negotiations with that
foreign state with a view to resolving or otherwise settling
such dispute, difference or disagreement.

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Maritime Areas (CAP. 260 9

18. ( 1 ) Subject to subsection (2 ) and section 19 (I) , ~;::lz;";,"::,"ent
19 (2) and 19 (3) a foreign ship shall be entitled to enjoy passage.
the right of innocent passage in archipelagic waters and the
territorial sea.

(2) A foreign ship of war shall not navigate in
archipelagic waters and the territorial sea without the prior
permission of the Competent Authority obtained by the State
to which the ship belongs.

19. ( 1 ) Subject to subsection (2) , the passage of a Nan-innocent
passage.

foreign ship shall be deemed to be prejudicial to the peace,
good order and security of Antigua and Barbuda if, without
the prior permission of the Competent Authority obtained
by the captain or person in charge of the ship, the ship while
in archipelagic waters or the territorial sea, engages in any
of the following activities-

( a ) any threat or use of force against the
sovereignty, territorial integrity or political independence
of Antigua and Barbuda, or acts in any other manner
in violation of the principles of international law
embodied in the Charter of the United Nations;

( b ) any exercise or practice with weapons of any
kind;

(6) any act aimed at collecting information to the
prejudice of the defence or security of Antigua and
Barbuda;

(6) the launching, landing or taking on board of
any aircraft or military device;

(e) the loading or unloading of any person, com-
modity or currency contrary to the customs, fiscal,
immigration or sanitary laws;

(f) any wilful act of pollution calculated or likely
to cause damage or harm to Antigua and Barbuda, its
resources or its marine environment;

(y) any fishing activities;

(h) the carrying out of research or survey activities;

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10 CAP. 260) Maritime Areas

(i) any act aimed at interfering with any systems
of communication or any other facilities or installations
of Antigua and Barbuda; or

@ such other activity as may be prescribed.

(2) In the archipelagic waters or the territorial sea, any
submarine or other underwater vehicle is, for the purpose
of exercising the right of innocent passage, required to
navigate on the surface and to show its flag.

(3) The Minister may, by Order published in the Gazette,
suspend the right of innocent passage for such and in such
of the archipelagic waters or the territorial sea as specified
in the Order, where he is satisfied that it is essential to do
so for the protection of the security of Antigua and Barbuda,
including weapon exercises.

(4) The passage of a foreign ship of war in archipelagic
waters or the territorial sea shall be deemed to be prejudicial
to the peace, good order or security of Antigua and Barbuda
if the ship navigates in archipelagic waters or the territorial
sea without the permission required by section 18 (2).

Transit passage. 20. (1) Every foreign ship or aircraft may, subject
to and in accordance with this Act and International law,
exercise in relation to a relevant strait the right of transit
passage, that is to say, the right of freedom of navigation
for the purpose of continuous and expeditious transit of the
relevant strait.

(2) For the purpose of subsection (I), a foreign ship or
aircraft that engages in a relevant strait in any activity of
a kind referred to in section 19 (1) shall be deemed to have
engaged in an activity which is not an exercise of the right
of transit passage.

(3) In exercising the right of transit passage of a rele-
vant strait a foreign ship shall comply with-

(a) generally accepted international regulations,
procedures and practices for safety at sea, or for the
prevention reduction and control of pollution from ships,
which have effect in the strait; and

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Maritime Areas (CAP. 260 11

(b) the provisions of the regulations, and any enact-
ment, order or direction, which have effect in the strait,
for or with respect to-

(i) the safety of navigation and the regulation of
marine traffic, including the use of sea lanes
and the operation of traffic separation schemes;

(ii) fishing vessels, and the prevention of fishing
including the stowage of fishing gear; and

(iii) customs, excise, immigration or sanitation con-
trols in relation to the loading or unloading
of any commodity, currency or person.

(4) In exercising the right of transit passage of a rele-
vant strait, an aircraft-

(a) shall observe the Rules of the Air established
by the International Civil Aviation Organisation as they
apply to civil aircraft, and a state aircraft shall normally
comply with such safety measures and shall at all times
operate with due regard for the safety of navigation; and

(b) shall at all times monitor the radio frequency
assigned by the appropriate internationally designated
air traffic control authority or the appropriate interna-
tional distress radio frequency.

(5) In this section, "relevant strait" means a strait
between Antigua and Barbuda and a foreign State which
is being used for international navigation between-

(a) one part of the high seas or an exclusive
economic zone; and

(b) .another part of the high seas or an exclusive
economic zone.

2 1. (1) Every foreign ship or aircraft may, subject Archipelagic sea
lanes passage.

to and in accordance with this Act and international law,
exercise the right of archipelagic sea lanes passage, that is
to say, the right of navigation and overflight in the normal
mode through or over archipelagic waters for the purpose
of continuous, expeditious and unobstructed transit
between-

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12 CAP. 260) Maritime Areas

(a) one part of the high seas or an exclusive
economic zone; and

(b) .another part of the high seas or an exclusive
economic zone.

( 2 ) Subject to subsection ( 4 ) , the right of archipelagic
sea lanes passage shall be exercised only through sea lanes
or air routes designated pursuant to section 32.

(3) In exercising the right of archipelagic sea lanes
passage a foreign ship shall observe international regulations,
procedures and practices of the kind referred to in sec-
tion 20 (3) (a), and the regulations, enactments, orders or
directions of the kind referred to in section 20 (3) (b), which
have effect in the archipelagic waters.

( 4 ) If the Minister does not, pursuant to section 32,
designate sea lanes or air routes through or over archipelagic
waters, the right of archipelagic sea lanes passage may be
exercised through the routes normally used for international
navigation.

Power of Police
and authorised

22. (1) Where a foreign ship engages in any of the
persons. activities specified in section 19 ( 1 ) or where a submarine

or other underwater vehicle fails to comply with section 19 (2 )
or where a member of the Police Force or person authorised
by the Minister in writing suspects upon reasonable grounds
that a foreign ship is engaged in any such activity, such
member of the Police Force or authorised person may-

(a) stop and board the offending ship for the pur-
pose of carrying out enquiries and investigations;

(b ) without a warrant arrest the offending ship and
bring it to a port in Antigua and Barbuda;

(c) without a warrant arrest the captain and any
person on board the ship participating in the activity
of the ship which is deemed to be prejudicial to the peace,
good order or security of Antigua and Barbuda.

(2) Where the passage of a foreign ship is deemed to
be prejudicial to the peace, good order or security of Antigua
and Barbuda, the captain or other person in charge of such
ship and any person participating in the activities of the ship

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Maritime Areas (CAP. 260 13

which is deemed to be so prejudicial, is guilty of an offence
under this Act.

(3) In the exercise under this section of the power of
enforcement against a foreign ship a member of the Police
Force or a person authorised by the Minister shall not
endanger the safety of navigation or otherwise create any
hazard to the ship, or bring the ship to an unsafe port or
anchorage, or expose the marine environment to an
unreasonable risk.

23. (1) Where the passage of a foreign ship is deemed Immunity.
to be prejudicial to the peace, good order or security of
Antigua and Barbuda and the ship or any person on board
thereof who participates in the activity which is deemed to
be prejudicial is entitled to state or other immunity recognised
by law, the flag state of such ship and the state of nationality
of such person shall be deemed to bear international respon-
sibility for the activity of the ship.

(2) Where the flag state of a ship or the state of
nationality of a person is deemed to bear international respon-
sibility under this section, the Minister shall take all steps
possible to obtain redress under international law.

24. (1) For the purposes of the exercise of the jurisdic- Jurisdiction.
tion of the courts of Antigua and Barbuda, the territory of
Antigua and Barbuda shall include the internal waters the
archipelagic waters and the territorial sea.

(2) Where any offence punishable on summary convic-
tion is committed or suspected to have been committed within
or in relation to the internal waters the archi~ela~ic waters

1 "
or the territorial sea, the offence may be dealt with and deter-
mined by a magistrate appointed to any magisterial District,
and such ma~istrate shall have and exercise all the Dowers. "
privileges, rights and jurisdiction as are conferred on him
by the Magistrate's Code of Procedure Act. Cap. 255.

(3) The quasi-criminal and the civil jurisdiction con-
ferred on a magistrate by the Magistrate's Code of Procedure
Act shall in relation to the internal waters the archipelagic
waters and the territorial sea be exercised by a magistrate
appointed to any magisterial District.

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14 CAP. 260) Maritime Areas

(4) The jurisdiction conferred on any court under this
Act shall be without prejudice to any jurisdiction conferred
or exercisable by such court apart from this Act.

Charts of
maritime areas

25. The Minister shall cause to be prepared such
etc. charts or lists of geographical co-ordinates as he thinks fit,

showing all or any of the following matters-

( a ) the low-water line, closing lines prescribed pur-
suant to section 3 ( 2 ) , or the baselines,

( 6 ) the seaward limits of the territorial sea, the con-
tiguous zone, the continental shelf or the exclusive
economic zone,

(c) the axis of sea la s or traffic separation schemes
designated or prescribe r pursuant to section 32.

Evidence of
charts etc.

26. A document, purporting to be certified by the
Minister to be a true copy of a chart or list of geographical - -
co-ordinates prepared -&rsuant to section 25, shall be
received in any proceedings as evidence of any matter refer-
red to in that section and shown in the document.

Publicity of
charts etc.

Regulations.

27. The Minister shall cause-
( a ) due publicity to be given to charts or lists of

geographical co-ordinates prepared pursuant to sec-
tion 25 ; and

( b ) a copy of each chart or list to be deposited with
the Secretary-General of the United Nations.

28. (1) The Minister may make regulations-
( a ) for the safety of navigation and the regulation

of marine traffic;

( b ) for the conservation of the living resources of
the sea;

(c) for the preservation of the marine environment
of Antigua and Barbuda and the prevention and con-
trol of pollution thereto;

(d) for the inspection and admission in evidence
before the courts of any chart or list to which section 25
refers;

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Maritime Areas (CAP. 260 15

( e ) generally, for regulating the use of the internal
waters the archipelagic waters and the territorial sea
including prescribing the fees to be paid for any activity
in relation thereto;

Cf) providing for the forfeiture to the Crown of any
ship engaged, or any equipment used, in any of the
activities specified in section 19; and

(g) annexing to the contravention of any regula-
tion made under this section a punishment on summary
conviction of a fine of twenty thousand dollars or of
imprisonment for a term of two years or both.

(2) Regulations made under this section shall be sub-
ject to affirmative resolution of the Legislature and shall be
judicially noticed.

29. (1) A person who assaults or obstructs a person offence.
acting under the authority of this Act or the regulations is
guilty of an offence under this Act.

(2) A person who is guilty of an offence under subsec-
tion (1) or section 22 (2) is liable-

(a) a conviction on indictment to a fine of one hun-
dred thousand dollars or imprisonment for a term of
five years or both; or

(b) on summary conviction to a fine of twenty thou-
sand dollars or imprisonment for a term of two years
or both.

(3) The Court may in addition to any penalty which
it may impose under this section for an offence under sec-
tion 22 (Z), order the forfeiture to the Crown of any ship
engaged, or equipment used, in any activity which is the
subject of the offence.

30. (1) Subject to this section, where an offence is g;'h";&~;;d
committed on board a foreign ship (being a merchant ship territorial ,
or a government ship operated for commercial purposes) dur- etc.
ing its passage through the territorial sea, a prescribed power
may be exercised, in relation to the offence, on board the
ship during that passage, only if-

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16 CAP. 260) Maritime Areas

(a) the consequences of the offence extend to
Antigua and Barbuda;

( b ) the offence is of a kind likely to disturb the peace
of Antigua and Barbuda or the good order of the ter-
ritorial sea;

( c ) the assistance of the Government or of any
public officer has been requested by the master of the
foreign ship or by a diplomatic agent or consular officer
of the relevant foreign state; or

(d) it is necessary to exercise a prescribed power
for the purpose of suppressing any illicit traffic in nar-
cotic drugs or psychotropic substances.

(2) The limitations in subsection (1) shall not apply in
any case where a foreign ship is passing through the ter-
ritorial sea after leaving internal waters.

(3) Subject to this section where a foreign ship,
proceeding from a port outside Antigua and Barbuda, is pass-
ing through the territorial sea without having entered inter-
nal waters, a prescribed power may be exercised in relation
to any offence committed before the ship entered the ter-
ritorial sea, on board the ship during that passage only if-

(a) there are clear grounds for believing that the
ship has, in the exclusive economic zone, committed
a violation of-

(i) applicable international rules and standards for
the prevention, reduction and control of pollu-
tion from ships; or

(ii) any provision of the regulations or any enact-
ment conforming to and giving effect to any
such rules and standards; and

(6) there are clear grounds for believing that the
violation has resulted in a substantial discharge caus-
ing or threatening significant pollution of the marine
environment; or

(c) there is clear objective evidence that the viola-
tion has resulted in a discharge causing major damage
or the threat of major damage to the coastline of Antigua

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Maritime Areas (CAP. 260 17

and Barbuda, or to any resources of its territorial sea
or exclusive economic zone.

(4) Nothing in this section shall affect the exercise of
any power under section 22.

(5) The decision to exercise, and the exercise of, a
prescribed power in circumstances of the kind referred to
in subsection ( 1 ) or ( 3 ) shall be made or, as the case may
be, carried out, with due regard to the interest of navigation.

(6) The prescribed power referred to in subsec-
tion (8) (a ) shall not be exercised in relation to a ship unless
the ship has refused, when lawfully required to do so, to
give information regarding its identity and port of registry,
its last and next port of call and other relevant information
required to establish whether a violation of the kind refer-
red to in subsection ( 3 ) (a) has occurred.

(7) The prescribed power referred to in subsec-
tion (8) ( b ) shall not be exercised in relation to a ship where
appropriate procedures, which bind Antigua and Barbuda,
have been established, either through the competent inter-
national organisation or as otherwise agreed, whereby
compliance with requirements for landing or other
appropriate financial security has been assured in relation
to the ship.

(8) For the purpose of this section, "prescribed power"
means the power lawfully to arrest any person or to conduct
an investigation into any alleged offence, and-

( a ) for the purpose of subsection 3 (b ) , includes a
power to undertake a physical inspection of a ship for
matters relating to a violation of the kind referred to
in subsection ( 3 ) (a) ; and

( b ) for the purposes of subsection ( 3 ) ( b ) , includes
a power to detain a ship.

1v11 jurisdiction 3 1. ( 1 ) No foreign ship passing through the territorial C' ' ~n relation to
sea shall be stopped or diverted for the purposes only of the foreign ships in
exercise of any civil jurisdiction in relation to a person on temitOrial sea.
board the ship.

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18 CAP. 260) Maritime Areas

Sea lanes etc.

Binding of the
Crown.

Application
laws.

Repeal.
41 & 42
Vict.
C.73.

(2) Subject to subsection (3), no person shall arrest or
levy execution against a foreign ship passing through the
territorial sea for the purpose of any civil proceedings, except
where the proceedings are in respect of obligations or
liabilities assumed or incurred in relation to the ship in the
course or for the purpose of its voyage through the territorial
sea.

(3) Subsection (2), in so far as it prohibits the arrest
of, or levying of execution against, a foreign ship, shall not
apply in the case of a foreign ship which is lying in or pass-
ing through the territorial sea after leaving internal waters.

32. The Minister may, by order-
(a) designate sea lanes or air routes to be used for

or in connection with the exercise of and right of inno-
cent transit or archipelagic sea lanes passage under this
Act; and

( b ) prescribe traffic separation schemes.

33. This Act binds the Crown.

of 34. (1) Any reference in an enactment or law hav-
ing effect as a part of the law of Antigua and Barbuda prior
to the commencement of this Act, to coastal waters, territorial
waters, waters of Antigua and Barbuda and Redonda or any
analagous expression in whatever terms used, shall be con-
strued as a reference to internal waters, archipelagic waters
and the territorial sea.

(2) Any reference in any enactment or law having effect
as a part of the law of Antigua and Barbuda prior to the
commencement of this Act to a distance of three miles or
a longer or shorter distance in relation to coastal waters, ter-
ritorial waters, waters of Antigua and Barbuda and Redonda
or any analagous expression in whatever terms used, shall
be construed as a reference to a distance of twelve nautical
miles or the equidistance line under section 5 (2).

35. The Territorial Waters Jurisdiction Act, 1878,
of the United Kingdom Parliament and any Act of the United
Kingdom Parliament altering that Act, in so far as they form
part of the law of Antigua and Barbuda, are repealed.

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