Maritime Areas Act


Published: 1996-11-28

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MARITIME AREAS i

THE MARITIME AREAS ACT

ARRANGEMENT OF S m O N S

Prelirninmy

1. short title.
2.

3.

4.

5.
6.
7.
8.

9.

10.

11.
12.

13.

Interpretation.

Declaration of A rchipelagic State

Declaration of archipelagic State.

Znternal Wafers

Internal waters.

Archipelagic Waters

Sovereignty in archipelagic waters.
Archipelagic baselines.
Status of existing submarine cables.
Right of innocent passage in archipelagic waters.
Right of archipelagic sea lanes passage.

Jurisdiction of courts in relation to rerritory of Jamaica

Jurisdiction of courts.

Territorial Sea

Sovereignty in the territorial sea.
Limits of territorial sea and application of laws with reference

Innocent passage in the territorial sea.
thereto.

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MARITIME AREAS

14. Criminal jurisdiction.
15. Civil jurisdiction.
16. Ships of war and other government vessels operated for non-

commercial purposes.

Provisions relating to archipehgk waters and the tmiiotial sea

1 7.
18.

19.
20.

21.
22.

23.

24.
24.
25.
26.
27.
28.

Vessel carrying nuclear or other dangerous or noxious substances.
Non-innocent passage.

Contiguous Zones

Limit of contiguous zone.
Criminal jurisdiction in contiguous m e .

continmirzl shelf

Limit of continental shelf.
Rights in and jurisdiction over continental shelf.

Ship or person having immunity of State of registration 0~

Powers of Marine Officer.
Powers of Marine Offkern.
Proceedings against the Crown or Marine Officer.
Power of Miniskr.
offences.
Regulations.

nationality.

MARITIME AREAS 3

THE MARITIME AREAS ACT Ad U of 1996.
[28th November, 1996.1

Preliminary

1. This Act may be cited as the Maritime Areas Act. short titlo.
Interpntl-
tloD. 2. In this Act-

“archipelagic waters” means the archipelagic waters of
Jamaica as defined in section 5 (a);

“competent authority” means the Minister or any
person designated by him as such for the purposes
of this Act;

“contiguous zone” means the contiguous zone of
Jamaica as defined in section 19;

“continental shelf” means the continental shelf of
Jamaica as defined in section 21;

“foreign vessel” means a vessel the nationality or regis-
tration of which is not Jamaican;

“internal waters” means the internal waters of Jamaica
as defined in section 4;

“Jamaica” has the same meaning as in the Jamaica
Independence Act;

“Marine Officer” means any officer employed to the
Customs Department, any game warden approved
as such under the Wild Life Protection Act, any
member or officer of the Jamaica Constabulary
Force, any member or officer of the Jamaica
Defence Force or any public officer designated by
a Fishery Inspector under the Fishing Industry Act
‘and any other public officer designated a Mzrine
Officer by the Minister;
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4 MARlTIME AREAS

Daaration
of archipcl-
agic State.

Internal
waters.

Sovereignty
in arcbipel-
agic waters.

“Montego Bay Convention” means the United Nations
Convention on the Law of the Sea signed in
Montego Bay on the 1st day of December, 1982;

“nautical mile” means the International Nautical Mile
of 1,852 metres;

“territorial sea” means the territorial sea of Jamaica as
defined in section 12;

“vessel” includes any ship, canoe, lighter, floating pla t-
form, decked boat, carrier vessel, vessel equipped
with inboard or outboard motor or other seagoing
vessel, whether surface craft or submarine or any
other underwater vessel.

Declaration of Archipelagic State
3. Jamaica is hereby declared to be an archipelagic State.

Internal Waters
4. The internal waters comprise the areas of the sea which

are on the landward side of the closing lines within the
archipelagic waters which may be prescribed for the purposes
of defining the internal waters.

Archipelagic Waters
5. The sovereignty of Jamaica as an archipelagic State

extends to-
(a) the waters enclosed by archipelagic baselines, drawn

pursuant to section 6, and described as archipelagic
waters, regardless of the depth or distance from
the coast; and

(b) the air space over the archipelagic waters as well
as their bed and subsoil and the resources, living
and non-living, contained therein.

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MARITIME AREAS 5

Archipelagic 6.-(1) The archipelagic baselines shall consist of straight baselines.
baselines joining the outermost points of the outermost
islands and drying reefs of Jamaica.

(2) The breadth of the territorial sea, the contiguous
zone and the continental shelf shall be measured from the
archipelagic baselines.

7. Where, at the 28th day of November, 1996, there are statusof
submarine cables which have been laid by a foreign State submarine
and which pass through the archipelagic waters without cab'es.
making a landfall, such cables shall remain in place; and
the maintenance and replacement thereof shall be authorized
by the competent authority upon the competent authority
being notified of their location and the intention to repair
or replace them.

existing

8.-(1) Subject to the power of the Minister to designate Right aE

and without prejudice to his power under section 26 (1) (a) &%Elagic
to prescribe closing lines for defining internal waters, all
vessels enjoy the right of innocent passage through the
archipelagic waters in accordance with the provisions of
section 13.

sea lanes passage or air routes pursuant to section 26 (1) (b) innocent passage in

(2) The competent authority may by order published
in the Gazette, suspend temporarily, in any area of the
archipelagic waters specified in the Order, the innocent
passage of foreign vessels if such suspension is essential for
the protection of the security of Jamaica.

9 . 4 1 ) The sea lanes passage and air routes referred to in Right of
section 8 shall be suitable for the continuous and expeditious sea lanes
passage of all vessels and aircraft through or over the archi-
pelagic waters and the adjacent territorial sea.

arcbipelagic

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6 MARITIME AREAS

(2) Subject to the provisions of this Act, all foreign
vessels and aircraft enjoy the right of archipelagic sea lanes
passage, that is to say, the right of navigation and overflight
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 other part
of the high seas or an exclusive economic zone.

(3) A foreign vessel shall, in exercising the right of

(U) observe international regulations, procedures and
practices for safety at sea and the prevention, re-
duction and control of pollution from ships; and

archipelagic sea lanes passage-

(b) comply with the provisions of any enactment hav-
ing effect with regard to the archipelagic waters in
relation to-

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

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

(E) customs, excise, immigration or sanitation
controls in respect of the loading or unload-
ing of any commodity, currency or person.

be
PU

(4) The right of archipelagic sea lanes passage shall
exercised only through sea lanes or air routes designated

.rsuant to section 26 '(1) (b), so, however, that until such
sea lanes or air routes are designated, the right of such
passage may be exercised through the routes normally used
for international navigation.

Jurisdiction of courts in relation to territory of Jamaica
Jurisdiction 10. For the purpose of the exercise of the jurisdiction of

the courts of Jamaica, the territory of Jamaica shall include
the internal waters and the archipelagic waters.

of courts,

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MARITIME AREAS 7

Territorial Sea
11. There is vested in the Crown sovereignty over the sovereignty

in Ule territorial sea, the air space over it and the bed and subsoil wrrjtorbl
thereof. SW.

12.41) The territorial sea comprises the waters of so Llmitsot
temibrial
sea and

reference
t0areto.

much of the sea adjacent to Jamaica and having-
(a) as its landward limit the archipelagic baselines re- EFf’’$%th

ferred to in section 6 (1); and
(b) as its seaward M t a line measured from those

baselines every point of which is twelve nautical
miles from the nearest point of the baselines.

(2) Any reference in enactments to the territorial
waters of Jamaica as were expressed in whatever terms or
implied immediately before the 28th day of November,
1996, being enactments continuing in force or brought into
operation in Jamaica on or after that date, shall, in relation
to any period commencing thereon or thereafter, be con-
strued a5 the territorial sea.

13.41) Subjeot to the provisions of this Act, vessels of gz::n
all States enjoy the right of innocent passage through the emit-
territorial sea. rial Wa.

(2) Passage referred to in subseotion (1) shall be
continuous and expeditious, but shall allow for stopping and
anchoring in so much as stopping and anchoring are in-
cidental to ordinary navigation or are rendered necessary
by force rnajeure or distress or for the purpose of rendering
assistance to persons, vessels or aircrafit in danger or distress.

(3) For the purposes of subsections (1) and (2)
“passage” means navigation through the territorial sea for
the purpose of-

(a) traversing that sea without entering the internal
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8 MAR€TfME AREAS

waters or calling at a roadstead or port facility out-
side the internal waters; or

(b) proceeding to or from the internal waters or cam
at such roadstead or port facility as is rnedoned
in paragraph (a).

(4) An underwater vessel which is in the temtorial
sea in exercise of its right of innocent passage shall be
required while iii such sea to navigate on the surface thereof
and fly its flag.

(5 ) Foreign vessels exercising the right of innocent
passage through the territorial sea may be required, in the
interest of safety of navigation and the regulation of the
passage of vessels, to use designated sea lanes or such traffic
separation schemes as may be prescribed.

(6) The Minister may, by order published in the
Gazette, suspend temporarily the right of innocent passage
in such areas of the territorial sea as are specified in the
Order if such suspension is essential for the protection of
Ithe security of Jamaica.

(7) A captain or person in charge of an underwater
vessel who contravenes the provisions of subsection (4),
commits an offence and is liable on conviction on indictment
in a Circuit Court to a fine not exceeding five hundred thou-
sand dollars or to imprisonment for a term. not exceeding
five years or to both such fine and imprisonment.

(8) A foreign vessel which contravenes the provi-
sions of subsection (5), mmmi,ts an offence and is liable on
conviction on indictimnt in a Cimit Couvt to a fine not
exceeding five hundred thousand dollars.

Crimiml l4.--(1) An act-
jun’sdictkm.

(a) committed by a person, whether or not a citizen
of Jamaica, on or in the territorial sea; and

MARITIME AREAS 9

(b) being of such a description as would, if committed
on land within a parish in Jamaica, be punishable
on indictment according to the law of Jamaica for
the time being in force,

is an offence punishable on indictment in Jamaica in like
manner notwithstanding that it may have been committed
on board a foreign vessel, and, subject to subsection (3), the
person who is reasonably suspected of having committed
such ofience may be arrested and may be tried or otherwise
dealt with in reference to any charge against him in con-
nection with that offence, due regard being had to the
interest of navigation.

(2) No person shall be arrested on board a foreign
vessel which is passing through the territorial sea nor shall
any investigation be conduoted into my crime committed
on board such foreign vessel-

(U) during such passage except where-
(i) the consequences of the crime extend to

Jamaica; or

(ii) the crime is of a kind which disturbs the
peace of Jamaica or the good order of the
territorial sea; or

(iii) the assistance of a Marine Officer has been
requested by the master of the foreign vessel
or by a diplomatic or consular representa-
tive of the State of registration of the
foreign vessel; or

(iv) such measures are necessary for the sup-
pression of the illicit traffic in narcotic drugs
and psychotropic substances; or

~(b) where the crime is committed before the foreign
vessel entered the territorial sea, if the foreign
vessel is proceeding from a foreign port and has

- - _____ __
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10 MARITIME AREAS

not entered the internal waters, so, however, that
this paragraph shall not apply-

(i) where the foreign vessel in the exclusive
economic zone contravenes-

(A) an international rule or standard for
the prevention, reduction or control
of pollution from ships; or

(B) any provision of an enactment or
regulations made thereunder which
gives effect to such rule or standard;
and

(ii) where the contravention mentioned in sub-
paragraph ( i t

(A) results in substantial discharge caus-
ing or threatening significant pol-
lution of the marine environment;
and

(B) results in a discharge causing damage
or the threat thereof to the coastline
of Jamaica of any resources of its
territorial sea or exclusive economic
zone :

Provided that an arrest may be made or an investigation
conducted on board a foreign vessel which is passing through
the territorial sea after leaving the internal waters.

(3) For the purposes of this seotion, all offences
under the Dangerous Drugs Act, whether or not they are
only summary offences, shall be treated as if they are offences
punishable on indictment.

(4) Without prejudice to the provisions of subsection
(7), for the purpose of arresting any person charged with an
offence declared by this section to be indiatable, the territorial
sea shall be deemed to be within the jurisdiction of any
person authorized by law for the time being in force in

_ - -_------_I__
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MARITIME AREAS 11

Jamaica to arrest persons acting in breach of the law or to
issue warrants for the arrest of persons charged with indict-
able offences com:mitted within his jurisdiction.

( 5 ) Nothing in this section shall-
(a) except as provided by subsection 1(7), restrid or

prejudice the exercise of any powers or authority
by, for, or on behalf, or in the name or service of
Her Majesty in right of Her Government of
Jamaica pursuant to international law or any pro-
visions conltained immediately before the 28th day
of November, 1996, in any law having effect there-
after as part of the law of Jamaica;

(6) abrogate or abridge any criminal jurisdiotion con-
ferred on any court by virtue of any provisions
contained as aforesaid;

(c) preclude any aot of piracy (as defined by any such
law or provisions as aforesaid) from being tried or
otherwise dealt with in like manner as such an act
might, before the 28th day of November, 1996,
have been dealt with pursuant to any law or custom
hitherto applicable to Jamaica, but without pre-
judice to ift being lawful to ded in any other
manner hereinbefore authorized by this section
with any such act declared to be indictable as
aforesaid,

and references in this seation to provisions contained in any
law immediately before the 28th day of November, 1996,
include references to provisions to be constmed in accord-
ance with seotion 12 (2).

(6) Where pursuant to subsection (2) an arrest is to
be made or investigations are to be conducted on board a
foreign vessel, then if the master thereof so requests, the
competent authority shall ensure that a diplomatic or con-
sular representative of the State of registration of the foreign

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12 MARITIME AREAS

vessel is so notified and steps are taken to facilitate com-
munication between such representative and the crew of the
foreign vessel, so, however, that where it is expedient that
an arrest be made or investigations commenced immediately,
notification to the representative may be made at the time
the arrest is being made or the investigations are being con-
ducted.

(7) No exercise of power or authority in any manner
described in paragraph (a) of subsection (5) shall be such
as to constitute a breach of Article 27 of the Montego Bay
Convention.

(8) No prosecution for an ofimce punishable under
subsection (1) shall be instituted except by or with the con-
sent of the Director of Public Prosecutions :

Provided that this subseation shall not prevent the arrest
or the issue of a warrant for the arrest, d any pe rm in
respect of such offence, or the rimancling in custody or on
bail of any person charged with such an ~ f f e n ~ e .

Civil jur sdidtion. 1 5 4 1 ) No foreign vessel passing through the territorial
sea shall be intercepted only for the purpose of the execution
of civil process or the exercise of civil jurisdiction in relation
to any person on board such vessel.

(2) No writ of execution shall be levied against or
any foreign vessel arrested for the purpose of any civil pro-
ceedings except in respect of any obligation or 1iabiIity
assumed or incurred by such vessel in the course of or for
the purpose of its voyage through internal waters, archi-
pelagic waters, territorial sea or exclusive economic zone.

(3) Subsection (2) is without prejudice to the right
to levy execution against or to arrest for the purposes of any
civil proceedings, a foreign vessel lying in the territorial sea
or passing through the territorial sea after leaving the
internal waters.

MARITIME AREAS 13

16-41, Where the officer in command of a foreign ship Ec:
of war fails to comply- other g!Ovemment

cver-ated for
non -
C 0 ~ C i a . l

(a) with any law or regulation relating to the ship’s v==ls

(b) with any reauest for mmzlliance therewith, PWPOSaS.
passage through the territorial sea; and

the competent authokty may reqkire that the foreign ship
of war leave the territorial sea with immediate effect.

(2) Where any loss or damage is occasioned as a
result of the non-compliance by a foreign ship of war or
other government vessel operated for non-commercial pur-
poses with any law or regulation made thereunder in respect
of passage through the territorial sea or with any provision
of the Montego Bay Convention or other rules of inter-
national law, the State of registration of that foreign ship
of war or other government vessel shall bear responsibility
for such loss or damage.

(3) The provisions of this Act shall not affect any
immunity attached to a foreign ship of war or other govern-
ment vessel operated for non-commercial purposes.

Pruvisions relating to archipelagic wkzters and the
territorial sea

17.-(1) Where any foreign nuclear-powered vessel or vessel
foreign vessel carries nuclear or other inherently dangerous
or noxious substancm while exercising the right of innocent d e

dan@rous
passage through the archipelagic waters OF the territorial oanoxious

sntbsbances. sea, the captain or person in charge o€ the vessel shall, in
relation to the vessel and substances, carry such documenta-
tion as is necessary and shall take such precautionary
measures as are established for such vessels by any inter-
national agreement applicable to the carrying of such
substances or any enactment for the time being in force.

(2) A vessel to which subsection (1) refers may be

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14 MARITIME AREAS

required to confine its passage to such sea lanes as may be
designated.

(3) Any person who contravenes subsection (1) com-
mits an offence and is liable on conviction on indictment
in a Circuit Court to a fine or to imprisonment for a term
not exceeding twenty-five years or to both such fine and
imprisonment.

N o n - ~ - r 18 .41 ) The passage of a foreign vessel shall be con-
sidered to be prejudicial to the peace, good order or security
of Jamaica, that is to say, the passage is not innocent if,
while in the archipelagic waters or the territorial sea, such
vessel engages in-

passage.

any threat or use of force against the sovereignty,
territorial integrity or political independence of
Jamaica or acts in any other manner in violation
of the principles of international law;
any exercise or practice with weapons of any kind;
any act in contemplation of collecting information
which would be prejudicial to the defence or
security of Jamaica;
any act of propaganda calculated to affect the de-
fence or security of Jamaica;
the launching of, landing on or taking on board
of any aircraft or military device;
the loading or unloading of any commodity, cur-
rency or person contrary to any laws relating to
customs, excise, immigration or sanitation or
regulations made thereunder;
the wilful discharge of any substance which causes
pollution, in contravention of the Montego Bay
Convention;
any fishing activities;
the carrying out of research or surveying activities;
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MARITIME AREAS

(~1 any a d designed to interfere with any system of
communication or any other facility or installation
in Jamaica; or

(k) any other activity not directly related to its passage.
(2) The captain or person in charge of a foreign

vessel or an underwater vessel who takes part in or causes
his vessel to be engaged in, or any other person on board
who takes part in, any activity specified in subseotion (1)-

(a) m m i t s an offence and is liable on conviction on
indictment in a Circuit Court to a fine or to im-
prisonment for a term not exceeding twenty-five
years or to both such fine and imprisonment; and

(6 ) where tlhe offence is continued after conviction, the
captain or other person as aforesaid commits a
further offence and is liable on conviction thereof
to a fine of three hundred thousand dollars for
each day on which the offence is so continued,

and, in addition, the Court may order the forfeiture of any
such vessel as aforesaid.

Contiguous Zone
19. The contiguous zone comprises those areas of the sea Lirnit ot

that are beyond and adjacent to the territorial sea and conniguous
having as its seaward limit a line measured seaward from
the baselines referred to in section 6 (2) every point of
which is twenty-four nautical miles from the near& point
of the baselines.

20.41) There is vested in the Crown authorilty in the -I
contiguous zone to take such measures as are necessary to j l s
prevent in Jamaica, the archipelagic waters or the territorial 0uS-e
sea thereof, the infringement, by any person or vessel, of
the provisions of any enactment relating to customs, fiscal I
matters, immigration or sanitation and to arrest any person
who or vessel which, contravenes such laws or regulations.

. .

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16 lYARlTIA4E A U S

(2) A Marine Officer shall have, pursuant to the
jurisdiction vested in the Crown under subsection (I), power
to arrest for any infringement of the provisions of any
enactment relating to the matters specified therein.

ContinentaE Shelf

21.-(12 Subject to subsection (31, the continental shelf
comprises those areas of the seabed and subsoil of the
submarine areas that are beyond and adjacent to the terri-
torial sea throughout the natural prolongstion of the land
territory of Jamaica to the outer edge of the continental
margin, or to a distance of two hundred naut id miles from
the nearest point of the baselines established in accordance
with section 6 where the outer edge of the continental margin
does not extend to thsrt distance.

(21 Where the continental margin referred to in
subsection ( I ) extends beyond two hundred nautical miles
from the nearest point of the baselines of the territorial sea,
the outer limits of the continental shelf shall be established
having regard to the principles of international law relevant
to the establishment and delineation of the continental shelf
beyond that point.

(3) For the purposes of subsections (I) and (3, the
continental margin mmprises the submerged prolongation
of the land mass of Jamaica consisting of the seabed and
subsoil of the continental shelf, the slope and the rise, but
does not include the deep Ocean floor with its oceanic ridge
or the subsoil thereof.

(4) Where the outer edge of the cuntinental shelf
intersects the outer edge of the cantinentd shelf of another
State whose coat is opposite or adjacent to Jzmaica,
delimitation of the boundaries of the wntbntal shelf for
Jamaica and that State shall be effeoted by agreement on the

u+t of oan t l l ad
Ibeli.

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17 MARITIME AREAS

basis of international law as referred to in Artiole 38 of the
Statute of the International Court of Justice in order to
achieve an equitable solution.

22.41) In the continental shelf there is vested in the y&
Crown- didtion sovereign rights for the purpose of exploring and over t ioc~bl wn-

&a. exploiting its natural resources;
exclusive rights to authorize and regulate drilling
for all purposes;
exclusive rights and jurisdiction in respect of the
authorization and regulation of the construction,
operation, maintenance and use of artificial islands,
installations and structures used €or economic
purposes; and
the right to prevent, reduce or control pollution
from pipelines.

(2) The natural resources referred to in subsection
(1) (a) consist of the mineral and other non-living resources
of the seabed and subsoil together with living organisms
belonging to sedentary species, that is to say, organisms
which, at the harvestabIe stage, either are immobile on or
under the seabed or are unable to move except in constant
physical contact wi4h the sealbed or the subsoil.

Generat
23.-(1) Where pursuant to section 18 (11, the passage of *w.w-

a foreign vessel is considered to be prejudicial to the peace, FQ- m m n m # ~ ~ l
good order or security of Jamaica, and that vessel or any StadsobngL.
person on board such vessel who participates in any activity n d ~ *
considered to be so prejudicial is entitled to State or other
immunity recognized by law, then the State of such vessel
or the State of nationality of that person shall be deemed

MARITIME AREAS

to have international responsibility for the activity of the
vessel or person, as the case may be.

(2) Where under subsection ( 1 ) the State of a foreign
vessel or the State of nationality of a person is deemed to
have international responsibility, the Minister shall take such
steps as are necessary to obtain all remedies which are avail-
able under international law.

po-d

odwosr.
2 4 - 4 1 ) Where a foreign vessel is being used to carry

out any activity specified in section 18 (1) or where a Marine
Officer has reasonable cause to suspect that a foreign vessel
is being so used, it shall be lawful for the Marine Officer to
stop and board such vessel for the purpose of-

Marine

(a) carrying out investigations into the activity;
,(b) giving directions to the captain or person in charge

of such vessel, or any other person on board in
pursuance of the provisions of this Act;

(c) requiring any person on board such vessel to pro-
duce any licence which is relevant to any activity
k i n g carried ouit;

(d) requiring any person on board such vessel to give
an explanation in relation to any activity being
carried out.

(2) A Marine Officer may, for the purposes of this
Act, with or without a warrant, arrest-

(a) any foreign vessel which carries out any activity
prejudicial to the peace, good order or security of
Jamaica;

(b) the captain or person in charge of this foreign
vessel which is being so used;

(c) any person on board such vessel who participates
in any such activity;

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MARITIME AREAS

(d) any underwater vessel which contravenes the pro-
visions of section 13 (4);

(e) any person who in the continental shelf-
(i) explores or exploits its natural resources;

,(ii) drills for any purpose;
(iii) constructs, operates, maintains and uses any

artificial islands, installations or structures,
without being so authorized in writing by the
coonpet en t authority ;

(f, any vessel used to explore or exploit the natural
resources pursuant to paragraph (e) (i) and seize
any equipment used to carry out any of the
activities specified in paragraph (e) (ii) and (iii);

(g) any person who-
(i) fails to comply with a direotive for the pre-

vention, reduction or control of pollution
from pipelines in the continental shelf;

(ii) aids and abets such person;
~(h) any person who obstructs a Marine Officer in the

carrying out of his functions under this Act.

(3) A Marine Officer aoting pursuant to subsection
(1) or (2) shall ensure that the safety of navigation is not
endangered or that no hazard is created in resped of any
foreign vessel or underwater vassel or that such foreign
vessel or underwater vessel is not brought to an unsafe port
or anchorage or that the marine environment is not exposed
to unreasonable risk.

(4) A Marine Officer shall while on duty in the capa-
city of a Marine Officer have, exercise and enjoy all the
powers, authority, privileges and immunities of a Constable
under the Constabulary Force Aot.

19

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U) MARlTlME AREAS

25. In any action or legal proceedings brought against
any Marine Officer or person acting in his aid in respect of
any act done in pursuance or execution or inltended execution
of this Act or any regulations made thereunder, the plaintiff
shall not recover unless he alleges in his pleading and proves
at his trial that such act was done either maliciously or
without reasonable or probable cause.

Rowrroc 26.41) The Minister may by order published in the
Minjster. Gazette-

(a) prescribe dosing lines for the purpose of defining
the internal waters;

(b) designate-
0) sea lanes or air routes to be used for or in

connection with the exercise of the right of
innocent passage; or

(ii) archipelagic sea lanes;
(c) prescribe traffic separation schemes for the regda-

tion of the passage of ships.
(2) The Minister shall cause to be prepared charts of

a scale adequate for ascertaining geographical co-ordinates
or lists of such co-ordinates specifying-

(a) closing lines or baselines from which the breadth
of the territorial sea, the contiguous zone and the
continental shelf are measured;

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

(c) the axis of sea lanes or traffic separation schemes.
(3) The Minister shall-

(a) by notification in the Gazeite publish, whether by
way of charts or lists, the baselines referred to in
subsection (2) (a); and

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MARZTiME AREAS

(6) cause a copy of such charts or lists to be deposited
with the Secretary-General of the United Nations.

27.-(1) Any person who- mama
(a) refuses, negleots or fails to comply with any direc-

tion given to him by a Marine Officer for the pur-
poses of this Act;

(b) subject to subsection (2), refuses or f d s to produce
any licence which he is required by a Marine Officer
to produce;

(c) refuses without reamnable cause, to give any
explanation which he is required by a Marine
Officer to give for the purposes of this Act; or

(d) assaults or obstructs any Marine Officer in the
execution of his duty,

commits an offence and is liable on summary conviction
before a Resident Magistrate to a fine not exceeding two
thousand dollars OT to imprisonment for a term not exceed-
ing twelve months or to both such fine and imprisonment;
and in addition the Court may order the forfeiture of any
vessel or equipment which is used to cany out s u d ~ adivity.

(2) Any persm-
(a) who is in charge of a foreign vessel which is used

to carry out any aotivity which is prejudicial to
the p c e , good order or security of Jamaica; or

(6) who on board such foreign vessel participates in
any such activity,

commits an offence and is liable on conviction on indictment
in a Circuit Count to a fine or to imprisonment for a term
not eKQeeding Bre years or to both such fine and imprison-
ment.

(3) Where under subsection (1) (6) a person is unable
to produce to a Marine OfFicer a licence when so required

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MARITIME AREAS

but is able to satisfy the Marine Officer by other means
as to his name, address and identity, the Marine Officer
may, if otherwise satisfied as to the credibility of that person,
permit him to produce such licence in person within five
days thereafter at such place as may be specified by the
Marine Officer; and if the licence is so produced that person
shall not be convicted of an offence under that subsection.

b u l a h n r . 28. The Minister may make regulations for the purpose
of giving effect to the provisions of this Act, and, in parti-
cular, but without prejudice to the generality of the fore-
going, may make regulations for-

charts or geographical co-ordinates to be officially
reoognized as indicating archipelagic baselines
and the admission in evidence of such charts or
geographical lists or copies thereof certified in the
prescribed manner;
defining the limits of the internal waters, archi-
'pelagic waters, territorial sea, contiguous zone and
continental shelf;
regulating the construation, maintenance and re-
moval of artificial islands, installations and struc-
tures on the continental shelf;
regulating customs, excise, health, safety and
immigration matters in the contiguous zone;
regulating the steps to be taken to inform interested
parties of the arrest or detention of any foreign
vessels or underwater vessels and persons thereon
and the imposition of penalties;
determining the nationality of vessels for the pur-
poses of any provisions of the regulations;
regulating any activity relating to economic ex-
ploration or exploitation of the internal waters,
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MARITIME AREAS

archipelagic waters, territorial sea, contiguous zone
and continental shelf;
regulating the authorization, control and super-
vision of scientific research in the internal waters,
archipelagic waters, territorial sea, contiguous
zone and continental shelf;
the preservation and protection of the marine
environment and the prevention and control of
marine pollution;
the safety of navigation and regulation of marine
traffic;
the conservation of living resources in the internal
waters, archipelagic waters, territorial sea, con-
tiguous zone and continental shelf;
the regulation of the use of the internal waters,
archipelagic waters, territorial sea, contiguous
zone and continental shelf;
the fees to be paid in relation to any activity taking
place in the internal waters, archipelagic waters,
territorial sea, contiguous zone and continental
shelf;
the levying of fees in respect of services rendered
to foreign vessels passing through the territorial
sea;
the manner in which payment is to be made in
respect of the exploitation of non-living resources
of the continental shelf beyond two hundred
nautical miles;
matters relating to innocent passage through the
territorial sea;
the exercise of the right of archipelagic sea lanes
passage;
prescribing anything authorized by this Act to be
prescribed.

23

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