MARITIME ZONES ACT Act 2 of 2005 – 1 April 2005
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY 1. Short title 2. Interpretation
PART II – UNCLOS TO HAVE FORCE OF LAW IN MAURITIUS 3. UNCLOS to have force of law in Mauritius
PART III – BASELINES 4. Baselines 5. Closing lines for internal waters
PART IV – TERRITORIAL SEA, INTERNAL WATERS,ARCHIPELAGIC WATERS AND HISTORIC WATERS
6. Legal status of territorial sea and internal, historic and archipelagic waters 7. Territorial sea 8. Limits on exercise of sovereignty in internal waters 9. Limits on exercise of sovereignty in archipelagic waters 10. Limits on exercise of right of innocent passage 11. Historic waters
PART V – CONTIGUOUS ZONE 12. Contiguous zone 13. Controls in the contiguous zone
PART VI – EXCLUSIVE ECONOMIC ZONE 14. Exclusive economic zone 15. Rights, jurisdiction and duties of Mauritius in EEZ 16. Exercise of jurisdiction by Mauritius in EEZ 17.. Authority to explore and exploit EEZ
PART VII – CONTINENTAL SHELF 18. Continental shelf 19. Rights of Mauritius over continental shelf 20. Exercise of jurisdiction by Mauritius on continental shelf 21. Authority to explore and exploit continental shelf
PART VIIA – LAND-BASED OCEANIC INDUSTRY 21A. Interpretation 21B. Land-based oceanic industry 21C. Application for authorisation in principle 21D. Application for concession 21E. Mark-off area of concession 21F. Suspension or cancellation of concession
PART VIII – MARINE SCIENTIFIC RESEARCH
22. Marine scientific research in maritime zones 23. Regulation of marine scientific research in maritime zones
PART IX – UNDERWATER CULTURAL HERITAGE 24. Underwater cultural heritage in internal waters, archipelagic waters and
territorial sea 25. Maritime cultural zone 26. Underwater cultural heritage in EEZ and continental shelf
PART X – MISCELLANEOUS 27. Regulations 28. Offences 29. – 30. — 31. Transitional and saving provisions 32. — First Schedule Second Schedule Third Schedule Fourth Schedule
MARITIME ZONES ACT
PART I – PRELIMINARY
1. Short title This Act may be cited as the Maritime Zones Act.
2. Interpretation (1) In this Act, unless otherwise expressly provided—
“archipelagic baselines” means straight archipelagic baselines referred to in section 4 (2) (a);
“archipelagic waters” means any waters, other than internal waters, enclosed by archipelagic baselines;
“baselines” means baselines prescribed in accordance with section 4;
“closing lines” means the lines prescribed in accordance with section 5 (1);
“contiguous zone” means the area of sea specified in section 12;
“continental shelf” means the continental shelf of Mauritius, as defined in section 18 (1);
“EEZ” means the exclusive economic zone of Mauritius, as defined in section 14;
“historic waters” means the historic waters of Mauritius prescribed under section 11;
“innocent passage” has the same meaning as in Article 19 of UNCLOS;
“internal waters” means—
(a) in respect of archipelagic waters, all waters landward of the closing lines; and
(b) in any other case, all waters landward of any baselines;
“joint management area” or “joint zone” means an area of the continental shelf of Mauritius which is delineated by the coordinate; set out in the First Schedule and depicted in the map set out in the Second Schedule;
“low-water line” means the lowest astronomical tide level on the coast of Mauritius that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions;
“maritime cultural zone” means the area of sea referred to in section 25;
“maritime zones” means the—
(a) archipelagic waters;
(b) contiguous zone;
(c) continental shelf;
(d) EEZ;
(e) historic waters;
(f) internal waters;
(g) maritime cultural zone; and
(h) territorial sea;
“nautical mile” means a distance of 1.85200 kilometres;
“outer limit”, in relation to a maritime zone, means a geodesic line of the geodetic datum joining the geographical coordinates of points on the datum in a clockwise direction;
“territorial sea” means the territorial sea of Mauritius, as defined in section 7;
“UNCLOS” means the United Nations Convention on the Law of the Sea of 10 December 1982.
(2) Unless otherwise expressly provided, words and expressions defined in UNCLOS and used in this Act shall have the same meaning as in UNCLOS.
[S. 2 amended by s. 3 of Act 6 of 2012 w.e.f. 18 June 2012.]
PART II – UNCLOS TO HAVE FORCE OF LAW IN MAURITIUS
3. UNCLOS to have force of law in Mauritius Notwithstanding any other enactment, UNCLOS shall have force of law in Mauritius.
PART III – BASELINES
4. Baselines (1) The Prime Minister may, by regulations, prescribe the baselines from which the
maritime zones of Mauritius shall be determined.
(2) The baselines may be—
(a) straight archipelagic baselines determined in the manner referred to in Article 47 of UNCLOS;
(b) normal baselines, being the low-water line as specified in Article 5 of UNCLOS;
(c) the seaward low-water line of reefs as specified in Article 6 of UNCLOS; or
(d) straight baselines determined in the manner referred to in Article 7 of UNCLOS; or
(e) a combination of the methods for determining baselines specified in paragraphs (a), (b), (c) and (d).
5. Closing lines for internal waters (1) The Prime Minister may, by regulations, prescribe closing lines to delimit internal
waters.
(2) The closing lines may be determined by using all or any of the methods specified in Articles 9, 10 and 11 of UNCLOS.
PART IV – TERRITORIAL SEA, INTERNAL WATERS, ARCHIPELAGIC WATERS AND HISTORIC WATERS
6. Legal status of territorial sea and internal, historic and archipelagic waters (1) The sovereignty of Mauritius—
(a) extends and has always extended to—
(i) the territorial sea;
(ii) its internal waters;
(iii) its archipelagic waters;
(iv) its historic waters;
(b) also extends to the air space over the archipelagic waters, the historic waters, the internal waters and the territorial sea as well as to their beds and subsoil, and the resources contained in them.
(2) Unless otherwise expressly provided, any law in force in Mauritius shall extend to its maritime zones.
7. Territorial sea The territorial sea of Mauritius is and has always been the sea between the baselines
and a line of which every point is at a distance of 12 nautical miles from the nearest point of the baselines.
8. Limits on exercise of sovereignty in internal waters
Any right of innocent passage existing in internal waters delimited by closing lines prescribed under section 5 shall continue to exist to the extent that it existed immediately before the closing lines were prescribed.
9. Limits on exercise of sovereignty in archipelagic waters The exercise by Mauritius of its sovereignty in archipelagic waters shall be subject
to—
(a) any rights set out in any agreement between Mauritius and any other State;
(b) rights in respect of submarine cables existing at the time the archipelagic baselines are prescribed; and
(c) the right of innocent passage.
10. Limits on exercise of right of innocent passage (1) The Prime Minister may make regulations—
(a) to designate the sea lanes and air routes to be used by foreign ships and aircraft in passage through or over any archipelagic waters, internal waters
and territorial sea; and
(b) to prescribe traffic separation schemes to be observed by ships in passage through narrow channels in the sea lanes.
(2) Subject to subsection (3), the Prime Minister may make regulations to regulate the passage of ships carrying hazardous waste, nuclear materials or radioactive materials through all or any part of the archipelagic waters, internal waters and territorial sea.
(3) No ship carrying radioactive materials shall pass through any part of the archipelagic waters, internal waters or territorial sea unless prior notification of the intended passage of the ship through those waters or sea has been given, and prior authorisation and consent for the passage, specifying the route to be taken by the ship, has been given, in accordance with regulations made under this section.
(4) The Prime Minister may, by notice in the Gazette, suspend temporarily the innocent passage of foreign ships in a specified area of any archipelagic waters, internal waters or territorial sea where he is satisfied that the suspension is essential for the protection of the security of Mauritius.
(5) Regulations made under this section shall provide for such action as may be taken, including stopping and boarding of ships, to ensure compliance with the regulations.
(6) In this section, “radioactive materials” means waste that, as a result of being radioactive, is subject to an international control system, or international instrument, applying specifically to radioactive materials.
11. Historic waters
The Prime Minister may, by regulations, prescribe the limits of the historic waters of Mauritius.
PART V – CONTIGUOUS ZONE
12. Contiguous zone The contiguous zone of Mauritius is and has always been the area of sea between the
territorial sea and a line of which every point is at a distance of 24 nautical miles from the nearest point of the baselines.
13. Controls in the contiguous zone The Prime Minister may make regulations for the exercise of controls necessary in the
contiguous zone to prevent and punish infringement of the customs, fiscal, immigration or sanitary laws within Mauritius, its archipelagic waters, internal waters and territorial sea.
PART VI – EXCLUSIVE ECONOMIC ZONE
14. Exclusive economic zone (1) The exclusive economic zone of Mauritius is the area beyond and adjacent to the
territorial sea of Mauritius that extends to the EEZ outer limit line.
(2) The Prime Minister may, by regulations, prescribe the EEZ outer limit line.
(3) For the purposes of this Part, “EEZ outer limit line” means a line of which every point is at a distance of 200 nautical miles from the nearest point of the baselines.
15. Rights, jurisdiction and duties of Mauritius in EEZ
(1) In accordance with international law and in particular Article 56 of UNCLOS,
Mauritius has in the EEZ—
(a) sovereign rights—
(i) to explore and exploit, conserve and manage the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil; and
(ii) with regard to other activities for the economic exploitation and exploration of the EEZ, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for by international law with regard to—
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment; and
(c) such other rights and duties as may be provided for by international law.
(2) The rights specified in this section with respect to the sea-bed and sub-soil shall be exercised in accordance with international law and, in particular, Part VI of UNCLOS.
16. Exercise of jurisdiction by Mauritius in EEZ (1) To enable Mauritius to exercise the sovereign rights and jurisdiction which it has
in the EEZ, there is extended to that zone, to the extent recognised by international law, the law in force in Mauritius.
(2) In particular, the law of Mauritius shall apply to artificial islands, installations and structures in the EEZ as if they were in the territorial sea.
17. Authority to explore and exploit EEZ The Prime Minister may make regulations to—
(a) provide for the authorisation of persons to explore for natural resources in the EEZ, or to recover or attempt to recover any such resources, in accordance with such terms and conditions as may be determined by the Prime Minister;
(b) regulate the laying of pipelines or cables in the EEZ;
(c) provide for the authorisation and regulation of any drilling in the EEZ; and
(d) regulate the construction, operation and use of—
(i) artificial islands;
(ii) installations and structures for the purposes provided for in Article 56 of UNCLOS; and
(iii) installations and structures which may interfere with the exercise of the rights of Mauritius in its EEZ.
PART VII – CONTINENTAL SHELF
18. Continental shelf (1) The continental shelf of Mauritius comprises the sea-bed and sub-soil of the
submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory—
(a) subject to paragraph 2 of Article 76 of UNCLOS, to the outer edge of the
continental margin; or
(b) where the outer edge of the continental margin does not extend up to that distance, a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
(2) Where, by virtue of paragraph 2 of Article 76 of UNCLOS, the outer limits of the continental shelf require to be determined in accordance with paragraphs 4 to 6 of UNCLOS, the Prime Minister may make regulations to provide for the outer limit to be determined by any method specified in paragraph 4 of Article 76 of UNCLOS.
19. Rights of Mauritius over continental shelf (1) In accordance with international law and in particular Article 77 of UNCLOS, and
subject to subsection (1A), Mauritius shall exercise sovereign rights over the continental shelf to explore it and exploit its natural resources.
(1A) In respect of the joint zone, Mauritius shall exercise joint sovereign rights with Seychelles in accordance with the Treaty concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region, done at Clarisse House, Vacoas, Mauritius on 13 March 2012, as set out in the Third Schedule.
(2) The rights referred to in subsection (1) shall be exclusive in that, if Mauritius does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of Mauritius.
(3) In accordance with Article 80 of UNCLOS, Mauritius has in the continental shelf the exclusive right to construct and to authorise and regulate the construction, operation and use of—
(a) artificial islands;
(b) installations and structures for the purposes provided for in Article 56 of UNCLOS and other economic purposes; and
(c) installations and structures which may interfere with the exercise of the rights of Mauritius in the continental shelf.
(4) Mauritius has exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.
[S. 19 amended by s. 4 of Act 6 of 2012 w.e.f. 18 June 2012.]
20. Exercise of jurisdiction by Mauritius on continental shelf
(1) To enable Mauritius to exercise the sovereign rights and jurisdiction it has in the continental shelf, there is extended to the continental shelf, to the extent recognised by international law and subject to subsections (1A) and (1B), the law in force in Mauritius.
(1A) In respect of offences committed in the joint zone, Mauritius shall exercise its criminal jurisdiction in accordance with article 16 of the Treaty on the Joint Management of the Continental Shelf in the Mascarene Plateau Region, done at Clarisse House, Vacoas, Mauritius, on 13 March 2012, as set out in the Fourth Schedule, or such other provisions as may be agreed upon by Mauritius and Seychelles.
(1B) In respect of an activity in the joint zone, Mauritius shall apply such provisions relating to taxation as may be agreed upon pursuant to article 6 of the Treaty Concerning the Joint Management of the Continental Shelf in the Mascarene Plateau Region done at Clarisse House, Vacoas, Mauritius, on 13 March 2012.
(2) In particular, the law of Mauritius shall apply to artificial islands, installations and structures on the continental shelf as if they were in the territorial sea.
[S. 20 amended by s. 5 of Act 6 of 2012 w.e.f. 18 June 2012.]
21. Authority to explore and exploit continental shelf (1) The Prime Minister may make regulations to—
(a) provide for the authorisation of persons to explore for natural resources on the continental shelf, or to recover or attempt to recover any such resources, in accordance with such terms and conditions as may be determined by the Prime Minister;
(b) regulate the laying of pipelines or cables in the continental shelf;
(c) provide for the authorisation and regulation of any drilling in the continental shelf; and
(d) regulate the construction, operation and use of—
(i) artificial islands;
(ii) installations and structures for the purposes provided for in Article 77 of UNCLOS; and
(iii) installations and structures which may interfere with the exercise of the rights of Mauritius in the continental shelf.
(2) For the purposes of this Part—
“natural resources” means—
(a) the mineral and other non-living resources of the seabed and subsoil; and
(b) the living organisms belonging to sedentary species;
“sedentary species” means organisms which, at their harvestable stage—
(a) are immobile on or under the seabed; or
(b) are unable to move except in constant physical contact with the seabed or the subsoil.
PART VIIA – LAND-BASED OCEANIC INDUSTRY [Part VIIA inserted by s. 19 of Act 20 of 2011 w.e.f. 16 July 2011.]
21A. Interpretation In this Part—
“areas of the sea” means such areas of the sea as may be prescribed;
“Board of Investment” means the Board of Investment established under the Investment Promotion Act;
“economic activities” means such economic activities as may be prescribed;
“Managing Director” means the Managing Director of the Board of Investment;
“Minister” means the Minister to whom responsibility for the subject of land-based oceanic industry is assigned;
“Supervising Officer” means the Supervising Officer of the Ministry.
21B. Land-based oceanic industry (1) The prescribed areas of the sea shall, for the purposes of this Part, be used to
develop a land-based oceanic industry in respect of such economic activities as may be prescribed.
(2) No person shall carry out any economic activity in any of the areas of the sea unless the person—
(a) is a company incorporated or registered under the Companies Act;
(b) obtains, in relation to the areas of the sea, an authorisation in principle and in writing from the Supervising Officer;
(c) obtains, in relation to the land lying near or adjoining the areas of the sea referred to in paragraph (b) required for the infrastructure, the necessary authorisation from the competent authority or owner of the land;
(d) obtains an EIA licence under the Environment Protection Act; and
(e) is the holder of a concession granted by the Prime Minister.
21C. Application for authorisation in principle (1) Every application for authorisation under section 21B (2) (b) shall—
(a) be made to the Managing Director in such manner and in such form as he may determine; and
(b) be accompanied by—
(i) a full and detailed account of the proposed economic activity;
(ii) details of the construction, operations and maintenance of the necessary infrastructure for the development of the proposed economic activity;
(iii) an implementation plan relating to the proposed economic activity with full details, including a timeframe for its completion; and
(iv) such other particulars or information as may be required in the form of application;
(c) be dealt with in accordance with section 18B of the Investment Promotion Act.
(2) The Board of Investment shall make its recommendations on the application to the Supervising Officer.
(3) Upon the recommendations of the Board of Investment, the Supervising Officer may, subject to section 21D—
(a) approve the application and issue the authorisation, in principle, on such terms and conditions as he may determine; or
(b) reject the application and inform the applicant accordingly.
21D. Application for concession (1) Any company which has obtained an authorisation under section 21C (3) shall
apply to the Prime Minister for a concession in the areas of the sea in respect of its proposed economic activity.
(2) On receipt of an application under subsection (1), the Prime Minister may, on the recommendations of the Minister and the Board of Investment, grant to the applicant a concession by way of a deed of concession.
(3) Any concession granted under subsection (2) shall—
(a) not exceed 30 years’ duration and may be renewable for successive periods of 10 years;
(b) not be transferable except with the written authorisation of the Prime Minister;
(c) be subject to the concessionaire complying with the Act;
(d) be subject to such annual royalty, fees and charges as may be determined by
the Prime Minister; and
(e) be subject to such other terms and conditions as may be prescribed by the Prime Minister.
(4) The Prime Minister may, on the ground of public interest, limit the number of concessions granted under this Part.
21E. Mark-off area of concession (1) The concessionaire of any area of the sea shall clearly and visibly mark-off the
area subject to the concession, in such manner as may be approved by the Prime Minister and shall properly maintain the marked-off area.
(2) Every marked-off area shall be under the overall control and administration of the concessionaire.
21F. Suspension or cancellation of concession
(1) Where a company obtains a concession under section 21D and the company—
(a) uses the area of the sea subject to the concession for any purpose other than that for which it has been granted, without the prior written approval of the Prime Minister;
(b) utilises the area of the sea subject to the concession so as to constitute a nuisance, or to cause any detriment to, or be a source of pollution of, the natural resources and the environment;
(c) fails to carry out, or insufficiently carries out, the economic activity subject to the concession; or
(d) fails to comply with this Part, or any regulations made under the Act, or any of its obligations under the deed of concession,
the Prime Minister may suspend or cancel the concession.
(2) The Prime Minister may, on the ground of public interest, or of the implementation of a project of national interest that modifies the status of the areas of the sea, remove a concession from a concessionaire, subject to payment of reasonable compensation to the concessionaire.
PART VIII – MARINE SCIENTIFIC RESEARCH
22. Marine scientific research in maritime zones (1) As provided by international law and in particular Article 245 of UNCLOS,
Mauritius, in the exercise of its sovereignty, has the exclusive right to regulate, authorise and conduct marine scientific research in its territorial sea.
(2) As provided by international law and in particular Article 246 of UNCLOS, Mauritius, in the exercise of its jurisdiction, has the right to regulate, authorise and conduct marine scientific research in its EEZ and on its continental shelf.
23. Regulation of marine scientific research in maritime zones (1) Marine scientific research shall not be conducted in any maritime zone except
with the express consent of the Prime Minister and in accordance with such regulations as may be made by the Prime Minister.
(2) Regulations made under subsection (1) shall—
(a) establish procedures to ensure that consent for marine scientific research is not delayed or denied unreasonably;
(b) ensure that any person who is given consent for marine scientific research under this section makes the results of his work available to Government of Mauritius; and
(c) ensure that, in appropriate cases, intellectual property rights that Mauritius has in the use of any living or non-living resource, are recognised and vested in Mauritius.
PART IX – UNDERWATER CULTURAL HERITAGE
24. Underwater cultural heritage in internal waters, archipelagic waters and territorial sea
(1) Mauritius, in the exercise of its sovereignty, has the exclusive right to regulate and authorise activities directed at underwater cultural heritage in its archipelagic waters, internal waters and territorial sea.
(2) The Prime Minister may, notwithstanding any other enactment, make regulations for the purpose of regulating activities specified in subsection (1).
25. Maritime cultural zone (1) The maritime cultural zone of Mauritius is an area of sea coincident with the
contiguous zone.
(2) The Prime Minister may make regulations to regulate and authorise activities directed at underwater cultural heritage within the maritime cultural zone.
26. Underwater cultural heritage in EEZ and continental shelf The Prime Minister may, notwithstanding any other enactment, make regulations to
prohibit or authorise any activity directed at underwater cultural heritage in the EEZ or the continental shelf to prevent interference with the sovereign rights and jurisdiction of Mauritius.
PART X – MISCELLANEOUS
27. Regulations
(1) The Prime Minister may make such regulations as he thinks fit for the purposes of this Act.
(2) Regulations made under this Act may provide for baselines and lines delineating maritime zones to be prescribed—
(a) as lists of geographical coordinates of points, specifying the geodetic datum;
(b) by reference to charts of a scale or scales adequate for ascertaining the position of the baselines and other limits; or
(c) where it is appropriate or necessary to do so, by using both the methods specified in paragraphs (a) and (b).
(3) Without prejudice to the generality of subsection (1), regulations made by the Prime Minister under this section may, in particular—
(a) provide that any enactment that extends to a maritime zone shall extend to that zone with such amendment as may be prescribed by the regulations;
(b) prescribe fees, forms and procedures;
(c) provide for the payment of royalties and other charges, and the manner in which they shall be calculated;
(d) provide for the confiscation of property in respect of an offence committed in a maritime zone;
(e) provide for the appointment of officers necessary for the administration of the regulations and prescribe their powers and duties;
(f) provide for the amendment of the Schedules. [S. 27 amended by s. 6 of Act 6 of 2012 w.e.f. 18 June 2012.]
28. Offences
(1) Any person who contravenes this Act or any regulations made under this Act shall commit an offence and shall be liable—
(a) in the case of an individual, to a fine not exceeding 30 million rupees or to imprisonment for a term not exceeding 5 years;
(b) in the case of a body corporate, to a fine not exceeding 150 million rupees.
(2) Where an offence committed by a body corporate under this Act is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate; or
(b) a person who was purporting to act in any such capacity,
that person specified in paragraph (a) or (b) as well as the body corporate, shall commit an offence and be punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, subsection (2) shall apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
29. – 30. —
31. Transitional and saving provisions (1) Pending the determination of baselines in accordance with this Act, the baselines,
territorial sea, EEZ and continental shelf shall, for the purposes of this Act, be deemed to be those that existed under the enactments repealed under section 29 immediately before their repeal.
(2) Any area of sea designated by the Prime Minister as historic waters under the Maritime Zones Act repealed by section 29 shall, on the coming into operation of this Act, be deemed to have been designated to be, and always to have been, historic waters of Mauritius in accordance with this Act.
(3) Any agreement made for the purposes of the enactments repealed under section 29 and in force immediately before the coming into operation of this Act—
(a) shall remain in force to the extent that it is not inconsistent with this Act; and
(b) shall be deemed to have been made under this Act.
(4) The Prime Minister may make regulations making such further transitional, saving, consequential, incidental or supplementary provisions as may be necessary or expedient to bring this Act into effect.
32. —
First Schedule [Section 2]
GEOGRAPHICAL COORDINATES (DATUM WGS 84) DELINEATING THE SEYCHELLES- MAURITIUS JOINT ZONE
Coordinates ID Latitude (decimal deg) Longitude (decimal deg) ECS 1 -4.90806007 59.27680588 ECS 2 -4.90956497 59.28105164 ECS 3 -4.91540956 59.29670334 ECS 4 -4.92151403 59.31225586 ECS 5 -4.92787600 59.32770157 ECS 6 -4.93449545 59.34303665 ECS 7 -4.94137001 59.35826111 ECS 8 -4.94849682 59.37337112 ECS 9 -4.95587683 59.38836288 ECS 10 -4.96350431 59.40323257 ECS 11 -4.97137928 59.41796875 ECS 12 -4.97949934 59.43257141 ECS 13 -4.98786354 59.44704437 ECS 14 -4.99646616 59.46137238 ECS 15 -5.00530624 59.47555161 ECS 16 -5.01438284 59.48958588 ECS 17 -5.02369118 59.50346756 ECS 18 -5.03323078 59.51719284 ECS 19 -5.04299784 59.53075790 ECS 20 -5.05298948 59.54415894 ECS 21 -5.06320477 59.55739212 ECS 22 -5.07363844 59.57045746 ECS 23 -5.08429050 59.58334732 ECS 24 -5.09515572 59.59605789 ECS 25 -5.10623217 59.60858536 ECS 26 -5.11751652 59.62093353 ECS 27 -5.12900496 59.63308716 ECS 28 -5.14069462 59.64505005 ECS 29 -5.15258312 59.65681839 ECS 30 -5.16466522 59.66838837 ECS 31 -5.17693901 59.67975616 ECS 32 -5.18940115 59.69091797 ECS 33 -5.20204639 59.70186615 ECS 34 -5.21487331 59.71261215 ECS 35 -5.22787952 59.72314072 ECS 36 -5.24105835 59.73344803 ECS 37 -5.25440645 59.74353409 ECS 38 -5.26792240 59.75340271 ECS 39 -5.28160143 59.76304626 ECS 40 -5.29543781 59.77246094 ECS 41 -5.30942869 59.78164291 ECS 42 -5.32357216 59.79058838 ECS 43 -5.33786345 59.79930496 ECS 44 -5.35229826 59.80777740
ECS 45 -6.04989910 60.20489120 ECS 46 -6.33353949 61.16790390 ECS 47 -6.33209372 61.17536163 ECS 48 -6.32918072 61.19184875 ECS 49 -6.32654333 61.20837402 ECS 50 -6.32418060 61.22494888 ECS 51 -6.32209444 61.24155807 ECS 52 -6.32028484 61.25819778 ECS 53 -6.31875229 61.27486801 ECS 54 -6.31749725 61.29155731 ECS 55 -6.31652117 61.30826569 ECS 56 -6.31582165 61.32498932 ECS 57 -6.31540155 61.34172058 ECS 58 -6.31525993 61.35845566 ECS 59 -6.31539631 61.37519073 ECS 60 -6.31581163 61.39192200 ECS 61 -6.31650543 61.40864563 ECS 62 -6.31747723 61.42535400 ECS 63 -6.31872654 61.44204330 ECS 64 -6.32025385 61.45871353 ECS 65 -6.32205820 61.47535324 ECS 66 -6.32413960 61.49196243 ECS 67 -6.32649660 61.50853348 ECS 68 -6.32912970 61.52506638 ECS 69 -6.33203697 61.54154968 ECS 70 -6.33521795 61.55797958 ECS 71 -6.33867264 61.57435989 ECS 72 -6.34240007 61.59067917 ECS 73 -6.34639788 61.60693741 ECS 74 -6.35066462 61.62312317 ECS 75 -6.35520077 61.63923264 ECS 76 -6.36000395 61.65526581 ECS 77 -6.36507416 61.67122269 ECS 78 -6.37040901 61.68709183 ECS 79 -6.37600660 61.70286560 ECS 80 -6.38186646 61.71854782 ECS 81 -6.38798571 61.73412704 ECS 82 -6.39436436 61.74960709 ECS 83 -6.40099859 61.76497269 ECS 84 -6.40788794 61.78023148 ECS 85 -6.41503096 61.79537201 ECS 86 -6.42242527 61.81039810 ECS 87 -6.43006754 61.82529068 ECS 88 -6.43795681 61.84006119 ECS 89 -6.44609165 61.85469437 ECS 90 -6.45446777 61.86919403 ECS 91 -6.46308422 61.88354874 ECS 92 -6.47193909 61.89775848 ECS 93 -6.48102808 61.91181564 ECS 94 -6.49035025 61.92572784
ECS 95 -6.49990320 61.93947983 ECS 96 -6.50968266 61.95307159 ECS 97 -6.51968861 61.96650314 ECS 98 -6.52991676 61.97976303 ECS 99 -6.54036427 61.99285126 ECS 100 -6.55102587 62.00576401 ECS 101 -6.56190205 62.01849747 ECS 102 -6.57298803 62.03104782 ECS 103 -6.58428144 62.04341125 ECS 104 -6.59578037 62.05558777 ECS 105 -6.60747910 62.06757355 ECS 106 -6.64228535 62.14421082 ECS 107 -6.64349413 62.14431381 ECS 108 -6.66018200 62.14571762 ECS 109 -6.67687464 62.14706802 ECS 110 -6.69357014 62.14837265 ECS 111 -6.71026993 62.14962769 ECS 112 -6.72697210 62.15083694 ECS 113 -6.74367857 62.15199661 ECS 114 -6.76038790 62.15311050 ECS 115 -6.77710056 62.15417862 ECS 116 -6.79381609 62.15519714 ECS 117 -6.81053400 62.15616989 ECS 118 -6.82725477 62.15709305 ECS 119 -6.84397793 62.15797043 ECS 120 -6.86070395 62.15879440 ECS 121 -6.87743282 62.15957642 ECS 122 -6.89416313 62.16030884 ECS 123 -6.90895700 62.16091537 ECS 124 -6.91269541 62.17265320 ECS 125 -6.91794109 62.18856430 ECS 126 -6.92334414 62.20442963 ECS 127 -6.92890596 62.22024155 ECS 128 -6.93462420 62.23598862 ECS 129 -6.94049788 62.25168228 ECS 130 -6.94652843 62.26731491 ECS 131 -6.95271444 62.28289032 ECS 132 -6.95905590 62.29840469 ECS 133 -6.96554995 62.31385040 ECS 134 -6.97219896 62.32923508 ECS 135 -6.97900009 62.34455109 ECS 136 -6.98595285 62.35979462 ECS 137 -6.99305725 62.37496948 ECS 138 -7.00031376 62.39007950 ECS 139 -7.00771809 62.40510941 ECS 140 -7.01527262 62.42007065 ECS 141 -7.02297592 62.43495178 ECS 142 -7.03082609 62.44975662 ECS 143 -7.03882408 62.46448517 ECS 144 -7.04696798 62.47912598
ECS 145 -7.05525827 62.49369049 ECS 146 -7.06369352 62.50817871 ECS 147 -7.07227278 62.52257156 ECS 148 -7.08099365 62.53688812 ECS 149 -7.08985615 62.55110931 ECS 150 -7.09886122 62.56524277 ECS 151 -7.10800505 62.57928848 ECS 152 -7.11728811 62.59323883 ECS 153 -7.12671137 62.60710144 ECS 154 -7.13627148 62.62086487 ECS 155 -7.14596748 62.63453293 ECS 156 -7.15579844 62.64810181 ECS 157 -7.16576481 62.66157913 ECS 158 -7.17586517 62.67495346 ECS 159 -7.18609715 62.68822861 ECS 160 -7.19646263 62.70139694 ECS 161 -7.20695877 62.71446228 ECS 162 -7.21758318 62.72742462 ECS 163 -7.22833681 62.74028015 ECS 164 -7.23921728 62.75302505 ECS 165 -7.25022507 62.76566696 ECS 166 -7.26135778 62.77819824 ECS 167 -7.27261400 62.79061127 ECS 168 -7.28399372 62.80291367 ECS 169 -7.29549551 62.81510544 ECS 170 -7.30711746 62.82718277 ECS 171 -7.31886101 62.83914566 ECS 172 -7.33071995 62.85098267 ECS 173 -7.34269810 62.86270523 ECS 174 -7.35479164 62.87430954 ECS 175 -7.36700201 62.88578796 ECS 176 -7.37932396 62.89714813 ECS 177 -7.39175987 62.90838623 ECS 178 -7.40430641 62.91949844 ECS 179 -7.41696167 62.93048477 ECS 180 -7.42972660 62.94134140 ECS 181 -7.44259834 62.95207214 ECS 182 -7.45557690 62.96267700 ECS 183 -7.46866083 62.97314835 ECS 184 -7.48184776 62.98348999 ECS 185 -7.49513769 62.99370193 ECS 186 -7.50852728 63.00377655 ECS 187 -7.91089344 63.30073547 ECS 188 -8.63939953 63.99520874 ECS 189 -8.64674473 64.00283813 ECS 190 -8.65851116 64.01480865 ECS 191 -8.67039585 64.02666473 ECS 192 -8.68239594 64.03840637 ECS 193 -8.69451237 64.05001831 ECS 194 -8.70674229 64.06151581
ECS 195 -8.71908665 64.07288361 ECS 196 -8.73154259 64.08412933 ECS 197 -8.74411106 64.09525299 ECS 198 -8.75678825 64.10624695 ECS 199 -8.76957417 64.11711884 ECS 200 -8.78246784 64.12786102 ECS 201 -8.79546642 64.13847351 ECS 202 -8.80856991 64.14895630 ECS 203 -8.82177639 64.15930176 ECS 204 -8.83508396 64.16952515 ECS 205 -8.84849358 64.17960358 ECS 206 -8.86200142 64.18955231 ECS 207 -8.87560654 64.19937134 ECS 208 -8.88930893 64.20904541 ECS 209 -8.90310764 64.21858215 ECS 210 -8.91699982 64.22798157 ECS 211 -8.93098354 64.23724365 ECS 212 -8.94505882 64.24636841 ECS 213 -8.95922375 64.25534821 ECS 214 -8.97347832 64.26418304 ECS 215 -8.98781776 64.27288055 ECS 216 -9.00224400 64.28143311 ECS 217 -9.01675510 64.28984070 ECS 218 -9.03134918 64.29809570 ECS 219 -9.04602337 64.30621338 ECS 220 -9.06077766 64.31417847 ECS 221 -9.72202778 64.66599274 ECS 222 -9.73690510 64.67373657 ECS 223 -9.75185776 64.68132782 ECS 224 -9.76688576 64.68877411 ECS 225 -9.78198719 64.69606781 ECS 226 -9.79715919 64.70320892 ECS 227 -9.81239986 64.71019745 ECS 228 -9.82771015 64.71703339 ECS 229 -9.84308815 64.72371674 ECS 230 -9.85853100 64.73023987 ECS 231 -9.87403774 64.73661041 ECS 232 -9.88960648 64.74282837 ECS 233 -9.90523720 64.74888611 ECS 234 -9.92092419 64.75479126 ECS 235 -9.93666935 64.76053619 ECS 236 -9.95247269 64.76611328 ECS 237 -9.96832848 64.77153778 ECS 238 -9.98423862 64.77680206 ECS 239 -10.00019836 64.78191376 ECS 240 -10.01620960 64.78685760 ECS 241 -10.03226757 64.79164124 ECS 242 -10.04837227 64.79626465 ECS 243 -10.06452084 64.80072021 ECS 244 -10.08071423 64.80502319
ECS 245 -10.09694862 64.80915070 ECS 246 -10.11322403 64.81312561 ECS 247 -10.12953854 64.81693268 ECS 248 -10.14588833 64.82057953 ECS 249 -10.16227436 64.82405090 ECS 250 -10.17869282 64.82736206 ECS 251 -10.19514370 64.83051300 ECS 252 -10.21162510 64.83348846 ECS 253 -10.22813511 64.83630371 ECS 254 -10.24467182 64.83895874 ECS 255 -10.26123428 64.84143829 ECS 256 -10.27782059 64.84375000 ECS 257 -10.29442883 64.84589386 ECS 258 -10.31105804 64.84787750 ECS 259 -10.32770443 64.84968567 ECS 260 -10.34436989 64.85132599 ECS 261 -10.36104870 64.85280609 ECS 262 -10.37774277 64.85411072 ECS 263 -10.39444828 64.85524750 ECS 264 -10.41116428 64.85622406 ECS 265 -10.42788887 64.85702515 ECS 266 -10.44462109 64.85765076 ECS 267 -10.46135712 64.85812378 ECS 268 -10.47809792 64.85841370 ECS 269 -10.49031353 64.85850525 ECS 270 -10.49157715 64.85778809 ECS 271 -10.50604057 64.84926605 ECS 272 -10.52036285 64.84049225 ECS 273 -10.53453636 64.83148956 ECS 274 -10.54855919 64.82224274 ECS 275 -10.56242657 64.81275940 ECS 276 -11.53587055 64.56176758 ECS 277 -11.54926395 64.56311798 ECS 278 -11.56594849 64.56450653 ECS 279 -11.58265495 64.56561279 ECS 280 -11.59937763 64.56644440 ECS 281 -11.61611176 64.56698608 ECS 282 -11.63285160 64.56725311 ECS 283 -11.64959335 64.56723022 ECS 284 -11.66633320 64.56692505 ECS 285 -11.68306541 64.56633759 ECS 286 -11.69978523 64.56546783 ECS 287 -11.71648884 64.56431580 ECS 288 -11.73317146 64.56288147 ECS 289 -11.74982834 64.56115723 ECS 290 -11.76645279 64.55915833 ECS 291 -11.78304386 64.55688477 ECS 292 -11.79959488 64.55432129 ECS 293 -11.81610012 64.55148315 ECS 294 -11.83255959 64.54836273
ECS 295 -11.84896374 64.54496002 ECS 296 -11.85276985 64.54411316 ECS 297 -11.86732674 64.53952789 ECS 298 -11.88326836 64.53433990 ECS 299 -11.89915848 64.52898407 ECS 300 -11.91499519 64.52346039 ECS 301 -11.93077564 64.51778412 ECS 302 -11.94649982 64.51194763 ECS 303 -11.96216488 64.50595093 ECS 304 -11.97776890 64.49979401 ECS 305 -11.99331379 64.49347687 ECS 306 -12.00879383 64.48699951 ECS 307 -12.02420902 64.48036957 ECS 308 -12.03956032 64.47357941 ECS 309 -12.05484200 64.46662903 ECS 310 -12.07005405 64.45952606 ECS 311 -12.08519459 64.45227814 ECS 312 -12.10026455 64.44486237 ECS 313 -12.11526108 64.43729401 ECS 314 -12.13018131 64.42958069 ECS 315 -12.14502525 64.42170715 ECS 316 -12.15979004 64.41368866 ECS 317 -12.17447376 64.40551758 ECS 318 -12.18907642 64.39720154 ECS 319 -12.20359898 64.38872528 ECS 320 -12.21803570 64.38011169 ECS 321 -12.22765923 64.37423706 ECS 322 -12.22867489 64.37349701 ECS 323 -12.24215317 64.36339569 ECS 324 -12.25546074 64.35307312 ECS 325 -12.26859665 64.34251404 ECS 326 -12.28155994 64.33174133 ECS 327 -12.29434299 64.32074738 ECS 328 -12.30694199 64.30953217 ECS 329 -12.31935501 64.29811096 ECS 330 -12.33158112 64.28647614 ECS 331 -12.34361267 64.27463531 ECS 332 -12.35544777 64.26259613 ECS 333 -12.36708546 64.25035095 ECS 334 -12.37851810 64.23790741 ECS 335 -12.38974571 64.22527313 ECS 336 -12.40076351 64.21245575 ECS 337 -12.41156864 64.19944763 ECS 338 -12.42216015 64.18625641 ECS 339 -12.43253326 64.17288208 ECS 340 -12.44268513 64.15933228 ECS 341 -12.45261288 64.14561462 ECS 342 -12.46231174 64.13173676 ECS 343 -12.47178364 64.11769104 ECS 344 -12.48102188 64.10347748
ECS 345 -12.49002647 64.08911133 ECS 346 -12.49879360 64.07460022 ECS 347 -12.50732136 64.05993652 ECS 348 -12.51560688 64.04513550 ECS 349 -12.52364826 64.03018188 ECS 350 -12.53144264 64.01510620 ECS 351 -12.53898716 63.99989319 ECS 352 -12.54628086 63.98455811 ECS 353 -12.55332184 63.96909332 ECS 354 -12.56010818 63.95351791 ECS 355 -12.56663799 63.93782425 ECS 356 -12.57290745 63.92202377 ECS 357 -12.57891941 63.90611267 ECS 358 -12.58466625 63.89011002 ECS 359 -12.59015179 63.87400436 ECS 360 -12.59537029 63.85780716 ECS 361 -12.60032272 63.84152603 ECS 362 -12.60500622 63.82516098 ECS 363 -13.46895790 63.30273819 ECS 364 -13.48847485 63.30590820 ECS 365 -13.50505543 63.30826950 ECS 366 -13.52167130 63.31034470 ECS 367 -13.53831768 63.31214142 ECS 368 -13.55499172 63.31365204 ECS 369 -13.57168865 63.31488419 ECS 370 -13.58840275 63.31582642 ECS 371 -13.60513020 63.31648254 ECS 372 -13.62186623 63.31686020 ECS 373 -13.63860512 63.31694412 ECS 374 -13.65534401 63.31674576 ECS 375 -13.67207718 63.31626511 ECS 376 -13.68880081 63.31549835 ECS 377 -13.70550919 63.31444550 ECS 378 -13.72219753 63.31311035 ECS 379 -13.73886299 63.31148529 ECS 380 -13.75549793 63.30958176 ECS 381 -13.77209949 63.30739594 ECS 382 -13.78866482 63.30492020 ECS 383 -13.80518627 63.30216599 ECS 384 -13.82166004 63.29912949 ECS 385 -13.83808231 63.29581070 ECS 386 -13.85444927 63.29221344 ECS 387 -13.87075520 63.28833771 ECS 388 -13.88699532 63.28418350 ECS 389 -13.90316677 63.27975082 ECS 390 -13.91926098 63.27504349 ECS 391 -13.93527794 63.27006149 ECS 392 -13.95121098 63.26480484 ECS 393 -13.96705627 63.25927734 ECS 394 -13.98280811 63.25347900
ECS 395 -13.99846554 63.24740982 ECS 396 -15.00259304 63.22919846 ECS 397 -15.01154613 63.23255157 ECS 398 -15.02736378 63.23817825 ECS 399 -15.04327106 63.24353790 ECS 400 -15.05926418 63.24862289 ECS 401 -15.07533455 63.25342941 ECS 402 -15.09148216 63.25796509 ECS 403 -15.10770130 63.26222229 ECS 404 -15.12398624 63.26620483 ECS 405 -15.14033318 63.26990509 ECS 406 -15.15673828 63.27332306 ECS 407 -15.17319489 63.27646255 ECS 408 -15.18970108 63.27931213 ECS 409 -15.20625210 63.28188705 ECS 410 -15.22284031 63.28417969 ECS 411 -15.23946476 63.28618240 ECS 412 -15.25611877 63.28790283 ECS 413 -15.27279758 63.28933334 ECS 414 -15.28949738 63.29048157 ECS 415 -15.30621433 63.29133606 ECS 416 -15.32294273 63.29191208 ECS 417 -15.33967781 63.29219437 ECS 418 -15.35641479 63.29219437 ECS 419 -15.37314892 63.29190826 ECS 420 -15.38987637 63.29132843 ECS 421 -15.40659332 63.29046631 ECS 422 -15.42329121 63.28931046 ECS 423 -15.43997192 63.28787613 ECS 424 -15.45662403 63.28615189 ECS 425 -15.47324753 63.28414154 ECS 426 -15.48983574 63.28184128 ECS 427 -15.50638485 63.27925873 ECS 428 -15.52288914 63.27639389 ECS 429 -15.53934574 63.27324677 ECS 430 -15.55574894 63.26981354 ECS 431 -15.57209492 63.26609802 ECS 432 -15.58837700 63.26210403 ECS 433 -15.60459232 63.25782776 ECS 434 -15.62073612 63.25327301 ECS 435 -15.63680649 63.24843979 ECS 436 -15.65279388 63.24332809 ECS 437 -15.66869640 63.23794174 ECS 438 -15.68451118 63.23228836 ECS 439 -15.70023251 63.22635269 ECS 440 -15.71585274 63.22015381 ECS 441 -15.73137283 63.21368790 ECS 442 -15.74678612 63.20695114 ECS 443 -15.76208591 63.19994736 ECS 444 -15.77727318 63.19268036
ECS 445 -15.79233932 63.18515778 ECS 446 -15.80728149 63.17736816 ECS 447 -15.82209682 63.16932678 ECS 448 -15.83677864 63.16102982 ECS 449 -15.85132599 63.15247726 ECS 450 -15.86573219 63.14367294 ECS 451 -15.87999344 63.13462830 ECS 452 -15.89410686 63.12532806 ECS 453 -15.89661980 63.12361526
34 -15.79002778 63.10013889 35 -15.59972222 63.04955556 36 -15.22291667 62.91305556 37 -14.99580556 62.80525000 38 -14.37400000 62.46211111 39 -13.48758333 61.56097222 40 -12.98025000 60.39572222 41 -12.93102778 59.04275000 42 -12.93450000 59.02105556 43 -11.61919444 59.89227778 44 -11.40336111 59.96177778 45 -10.48425000 60.08894444 46 -10.02905556 60.05661111 47 -9.41155556 59.90933333 48 -9.26716667 59.85652778 MS 1 -8.43648564 59.38658331 EZ1 -7.95331969 59.54675947 EZ2 -7.47748800 59.63139861 EZ3 -6.74310167 59.62970689 EZ4 -6.42679378 59.57978517 EZ5 -5.41164578 59.19109953
[First Sch. inserted by s. 7 of Act 6 of 2012 w.e.f. 18 June 2012.]
Second Schedule [Section 2]
Designation and Description of Joint Zone The joint management area or joint zone comprises the area of continental shelf in the
Mascarene Plateau Region, depicted in the map below—
[Second Sch. inserted by s. 7 of Act 6 of 2012 w.e.f. 18 June 2012.]
Third Schedule [Section 19]
Treaty Concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region
THE GOVERNMENT OF THE REPUBLIC OF MAURITIUS
and
THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES
(“the Contracting Parties”) RECALLING that both countries being coastal States co-operated on the basis of the Treaty
between the Government of the Republic of Seychelles and the Government of the Republic of Mauritius on the Framework for Joint Submission to the United Nations Commission on the Limits of the Continental Shelf dated 18 September 2008, as subsequently amended, to lodge on 1 December 2008 the Joint Submission to the United Nations Commission on the Limits of the Continental Shelf (‘the Commission’) concerning the Mascarene Plateau region (“Joint Submission”) under Article 76, paragraph 8 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 (“the Convention”);
RECALLING ALSO that on 30 March 2011, the Commission adopted recommendations confirming the entitlement of the Contracting Parties to the area of continental shelf submitted by them in the Joint Submission, as contained in the Commission document entitled Recommendations of the Commission on the Limits of the Continental Shelf in regard to the Joint Submission made by Mauritius and Seychelles in respect of the Mascarene Plateau Region on 1 December 2008;
NOTING that Article 76 of the Convention provides that the limits of the continental shelf established by coastal States on the basis of the recommendations of the Commission shall be final and binding;
NOTING ALSO that Article 83 of the Convention provides that the delimitation of the continental shelf between States with opposite coasts shall be effected by agreement on the basis of international law in order to achieve an equitable solution and, in the absence of delimitation, that States shall make every effort in a spirit of understanding and co-operation to enter into provisional arrangements of a practical nature which do not prejudice a final delimitation of the continental shelf;
HAVE AGREED as follows:
Article 1 – Joint Exercise of Sovereign Rights over the Continental Shelf The Contracting Parties shall exercise sovereign rights jointly for the purpose of exploring the
continental shelf and exploiting its natural resources in the area described in Article 2 (‘the Joint Zone’).
Article 2 – Delineation of the Joint Zone The Joint Zone is defined by the following points, the coordinates of latitude and longitude
[referred to the World Geodetic System (WGS84)] of which are set out at Annex 1 to this Treaty, and as illustrated in the map at Annex 2 of this Treaty:
Commencing at point ECS 1 on Seychelles Exclusive Economic Zone Boundary, the boundary line runs through points ECS 2 to ECS 44, thence to point ECS 45, thence to point ECS 46, thence through points ECS 47 to ECS 105, thence to point ECS 106, thence through points ECS 107 to ECS 123, thence through points ECS 124 to ECS 186, thence to point ECS 187, thence to point ECS 188, thence through points ECS 189 to ECS 220, thence to point ECS 221, thence through points ECS 222 to ECS 269, thence through points ECS 270 to ECS 275, thence to point ECS 276, thence through points ECS 277 to ECS 296, thence through points ECS 297 to ECS 321, thence through points ECS 322 to ECS 362, thence to point ECS 363, thence through points ECS 364 to ECS 395, thence to point ECS 396, thence through points ECS 397 to ECS 453 on Mauritius Exclusive Economic Zone boundary, thence along Mauritius Exclusive Economic Zone boundary to point 34, thence through points 35 to 41, thence through points 42 to 47, thence through point 48 to MS 1 on the intersection of the Seychelles and Mauritius Exclusive Economic Zone boundaries, thence along the Seychelles Exclusive Economic Zone boundary through points EZ1 to EZ5, thence along the Seychelles Exclusive Economic Zone boundary to the starting point at ECS 1 on Seychelles Exclusive Economic Zone boundary.
The boundary line between the above listed points is a geodesic.
Article 3 – Treaty without Prejudice Nothing contained in this Treaty, and no act taking place whilst this Treaty is in force, shall be
interpreted as prejudicing or affecting the legal position or rights of the Contracting Parties concerning any future delimitation of the continental shelf between them in the Mascarene Plateau Region.
Article 4 – Entry into Force (a) Each Contracting Party shall notify the other, by means of exchange of diplomatic
notes, the completion of the procedures required by its law for the bringing into force of this Treaty. The Treaty shall enter into force on the date of receipt of the later notification.
(b) Upon entry into force, the Treaty shall be taken to have effect, and all of its provisions shall be taken to have applied, from the date of signature.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Treaty.
DONE at Clarisse House, Vacoas, Mauritius in duplicate on this 13th day of March Two Thousand and Twelve in the English language.
For the Government of the Republic of Mauritius
For the Government of the Republic of Seychelles
Dr the Hon Navinchandra
RAMGOOLAM, GCSK., FRCP Prime Minister
H. E. Mr. James Alix MICHEL President
GEOGRAPHICAL COORDINATES (DATUM WGS 84) DELINEATING THE SEYCHELLES- MAURITIUS JOINT ZONE.
Coordinates ID Latitude (decimal deg) Longitude (decimal deg)
ECS 1 -4.90806007 59.27680588
ECS 2 -4.90956497 59.28105164
ECS 3 -4.91540956 59.29670334
ECS 4 -4.92151403 59.31225586
ECS 5 -4.92787600 59.32770157
ECS 6 -4.93449545 59.34303665
ECS 7 -4.94137001 59.35826111
ECS 8 -4.94849682 59.37337112
ECS 9 -4.95587683 59.38836288
ECS 10 -4.96350431 59.40323257
ECS 11 -4.97137928 59.41796875
ECS 12 -4.97949934 59.43257141
ECS 13 -4.98786354 59.44704437
ECS 14 -4.99646616 59.46137238
ECS 15 -5.00530624 59.47555161
ECS 16 -5.01438284 59.48958588
ECS 17 -5.02369118 59.50346756
ECS 18 -5.03323078 59.51719284
ECS 19 -5.04299784 59.53075790
ECS 20 -5.05298948 59.54415894
ECS 21 -5.06320477 59.55739212
ECS 22 -5.07363844 59.57045746
ECS 23 -5.08429050 59.58334732
ECS 24 -5.09515572 59.59605789
ECS 25 -5.10623217 59.60858536
ECS 26 -5.11751652 59.62093353
ECS 27 -5.12900496 59.63308716
ECS 28 -5.14069462 59.64505005
ECS 29 -5.15258312 59.65681839
ECS 30 -5.16466522 59.66838837
ECS 31 -5.17693901 59.67975616
ECS 32 -5.18940115 59.69091797
ECS 33 -5.20204639 59.70186615
ECS 34 -5.21487331 59.71261215
ECS 35 -5.22787952 59.72314072
ECS 36 -5.24105835 59.73344803
ECS 37 -5.25440645 59.74353409
ECS 38 -5.26792240 59.75340271
ECS 39 -5.28160143 59.76304626
ECS 40 -5.29543781 59.77246094
ECS 41 -5.30942869 59.78164291
ECS 42 -5.32357216 59.79058838
ECS 43 -5.33786345 59.79930496
ECS 44 -5.35229826 59.80777740
ECS 45 -6.04989910 60.20489120
ECS 46 -6.33353949 61.16790390
ECS 47 -6.33209372 61.17536163
ECS 48 -6.32918072 61.19184875
ECS 49 -6.32654333 61.20837402
ECS 50 -6.32418060 61.22494888
ECS 51 -6.32209444 61.24155807
ECS 52 -6.32028484 61.25819778
ECS 53 -6.31875229 61.27486801
ECS 54 -6.31749725 61.29155731
ECS 55 -6.31652117 61.30826569
ECS 56 -6.31582165 61.32498932
ECS 57 -6.31540155 61.34172058
ECS 58 -6.31525993 61.35845566
ECS 59 -6.31539631 61.37519073
ECS 60 -6.31581163 61.39192200
ECS 61 -6.31650543 61.40864563
ECS 62 -6.31747723 61.42535400
ECS 63 -6.31872654 61.44204330
ECS 64 -6.32025385 61.45871353
ECS 65 -6.32205820 61.47535324
ECS 66 -6.32413960 61.49196243
ECS 67 -6.32649660 61.50853348
ECS 68 -6.32912970 61.52506638
ECS 69 -6.33203697 61.54154968
ECS 70 -6.33521795 61.55797958
ECS 71 -6.33867264 61.57435989
ECS 72 -6.34240007 61.59067917
ECS 73 -6.34639788 61.60693741
ECS 74 -6.35066462 61.62312317
ECS 75 -6.35520077 61.63923264
ECS 76 -6.36000395 61.65526581
ECS 77 -6.36507416 61.67122269
ECS 78 -6.37040901 61.68709183
ECS 79 -6.37600660 61.70286560
ECS 80 -6.38186646 61.71854782
ECS 81 -6.38798571 61.73412704
ECS 82 -6.39436436 61.74960709
ECS 83 -6.40099859 61.76497269
ECS 84 -6.40788794 61.78023148
ECS 85 -6.41503096 61.79537201
ECS 86 -6.42242527 61.81039810
ECS 87 -6.43006754 61.82529068
ECS 88 -6.43795681 61.84006119
ECS 89 -6.44609165 61.85469437
ECS 90 -6.45446777 61.86919403
ECS 91 -6.46308422 61.88354874
ECS 92 -6.47193909 61.89775848
ECS 93 -6.48102808 61.91181564
ECS 94 -6.49035025 61.92572784
ECS 95 -6.49990320 61.93947983
ECS 96 -6.50968266 61.95307159
ECS 97 -6.51968861 61.96650314
ECS 98 -6.52991676 61.97976303
ECS 99 -6.54036427 61.99285126
ECS 101 -6.56190205 62.01849747
ECS 102 -6.57298803 62.03104782
ECS 103 -6.58428144 62.04341125
ECS 104 -6.59578037 62.05558777
ECS 105 -6.60747910 62.06757355
ECS 106 -6.64228535 62.14421082
ECS 107 -6.64349413 62.14431381
ECS 108 -6.66018200 62.14571762
ECS 109 -6.67687464 62.14706802
ECS 110 -6.69357014 62.14837265
ECS 111 -6.71026993 62.14962769
ECS 112 -6.72697210 62.15083694
ECS 113 -6.74367857 62.15199661
ECS 114 -6.76038790 62.15311050
ECS 115 -6.77710056 62.15417862
ECS 116 -6.79381609 62.15519714
ECS 117 -6.81053400 62.15616989
ECS 118 -6.82725477 62.15709305
ECS 119 -6.84397793 62.15797043
ECS 120 -6.86070395 62.15879440
ECS 121 -6.87743282 62.15957642
ECS 122 -6.89416313 62.16030884
ECS 123 -6.90895700 62.16091537
ECS 124 -6.91269541 62.17265320
ECS 125 -6.91794109 62.18856430
ECS 126 -6.92334414 62.20442963
ECS 127 -6.92890596 62.22024155
ECS 128 -6.93462420 62.23598862
ECS 129 -6.94049788 62.25168228
ECS 130 -6.94652843 62.26731491
ECS 131 -6.95271444 62.28289032
ECS 132 -6.95905590 62.29840469
ECS 133 -6.96554995 62.31385040
ECS 134 -6.97219896 62.32923508
ECS 135 -6.97900009 62.34455109
ECS 136 -6.98595285 62.35979462
ECS 137 -6.99305725 62.37496948
ECS 138 -7.00031376 62.39007950
ECS 139 -7.00771809 62.40510941
ECS 140 -7.01527262 62.42007065
ECS 141 -7.02297592 62.43495178
ECS 142 -7.03082609 62.44975662
ECS 143 -7.03882408 62.46448517
ECS 144 -7.04696798 62.47912598
ECS 145 -7.05525827 62.49369049
ECS 146 -7.06369352 62.50817871
ECS 147 -7.07227278 62.52257156
ECS 148 -7.08099365 62.53688812
ECS 149 -7.08985615 62.55110931
ECS 150 -7.09886122 62.56524277
ECS 151 -7.10800505 62.57928848
ECS 152 -7.11728811 62.59323883
ECS 153 -7.12671137 62.60710144
ECS 154 -7.13627148 62.62086487
ECS 155 -7.14596748 62.63453293
ECS 156 -7.15579844 62.64810181
ECS 157 -7.16576481 62.66157913
ECS 158 -7.17586517 62.67495346
ECS 159 -7.18609715 62.68822861
ECS 160 -7.19646263 62.70139694
ECS 161 -7.20695877 62.71446228
ECS 162 -7.21758318 62.72742462
ECS 163 -7.22833681 62.74028015
ECS 164 -7.23921728 62.75302505
ECS 165 -7.25022507 62.76566696
ECS 166 -7.26135778 62.77819824
ECS 167 -7.27261400 62.79061127
ECS 168 -7.28399372 62.80291367
ECS 169 -7.29549551 62.81510544
ECS 170 -7.30711746 62.82718277
ECS 171 -7.31886101 62.83914566
ECS 172 -7.33071995 62.85098267
ECS 173 -7.34269810 62.86270523
ECS 174 -7.35479164 62.87430954
ECS 175 -7.36700201 62.88578796
ECS 176 -7.37932396 62.89714813
ECS 177 -7.39175987 62.90838623
ECS 178 -7.40430641 62.91949844
ECS 179 -7.41696167 62.93048477
ECS 180 -7.42972660 62.94134140
ECS 181 -7.44259834 62.95207214
ECS 182 -7.45557690 62.96267700
ECS 183 -7.46866083 62.97314835
ECS 184 -7.48184776 62.98348999
ECS 185 -7.49513769 62.99370193
ECS 186 -7.50852728 63.00377655
ECS 187 -7.91089344 63.30073547
ECS 188 -8.63939953 63.99520874
ECS 189 -8.64674473 64.00283813
ECS 190 -8.65851116 64.01480865
ECS 191 -8.67039585 64.02666473
ECS 192 -8.68239594 64.03840637
ECS 193 -8.69451237 64.05001831
ECS 194 -8.70674229 64.06151581
ECS 195 -8.71908665 64.07288361
ECS 196 -8.73154259 64.08412933
ECS 197 -8.74411106 64.09525299
ECS 198 -8.75678825 64.10624695
ECS 199 -8.76957417 64.11711884
ECS 200 -8.78246784 64.12786102
ECS 201 -8.79546642 64.13847351
ECS 202 -8.80856991 64.14895630
ECS 203 -8.82177639 64.15930176
ECS 204 -8.83508396 64.16952515
ECS 205 -8.84849358 64.17960358
ECS 206 -8.86200142 64.18955231
ECS 207 -8.87560654 64.19937134
ECS 208 -8.88930893 64.20904541
ECS 209 -8.90310764 64.21858215
ECS 210 -8.91699982 64.22798157
ECS 211 -8.93098354 64.23724365
ECS 212 -8.94505882 64.24636841
ECS 213 -8.95922375 64.25534821
ECS 214 -8.97347832 64.26418304
ECS 215 -8.98781776 64.27288055
ECS 216 -9.00224400 64.28143311
ECS 217 -9.01675510 64.28984070
ECS 218 -9.03134918 64.29809570
ECS 219 -9.04602337 64.30621338
ECS 220 -9.06077766 64.31417847
ECS 221 -9.72202778 64.66599274
ECS 222 -9.73690510 64.67373657
ECS 223 -9.75185776 64.68132782
ECS 224 -9.76688576 64.68877411
ECS 225 -9.78198719 64.69606781
ECS 226 -9.79715919 64.70320892
ECS 227 -9.81239986 64.71019745
ECS 228 -9.82771015 64.71703339
ECS 229 -9.84308815 64.72371674
ECS 230 -9.85853100 64.73023987
ECS 231 -9.87403774 64.73661041
ECS 232 -9.88960648 64.74282837
ECS 233 -9.90523720 64.74888611
ECS 234 -9.92092419 64.75479126
ECS 235 -9.93666935 64.76053619
ECS 236 -9.95247269 64.76611328
ECS 237 -9.96832848 64.77153778
ECS 238 -9.98423862 64.77680206
ECS 239 -10.00019836 64.78191376
ECS 240 -10.01620960 64.78685760
ECS 241 -10.03226757 64.79164124
ECS 242 -10.04837227 64.79626465
ECS 243 -10.06452084 64.80072021
ECS 244 -10.08071423 64.80502319
ECS 245 -10.09694862 64.80915070
ECS 246 -10.11322403 64.81312561
ECS 247 -10.12953854 64.81693268
ECS 248 -10.14588833 64.82057953
ECS 249 -10.16227436 64.82405090
ECS 250 -10.17869282 64.82736206
ECS 251 -10.19514370 64.83051300
ECS 252 -10.21162510 64.83348846
ECS 253 -10.22813511 64.83630371
ECS 254 -10.24467182 64.83895874
ECS 255 -10.26123428 64.84143829
ECS 256 -10.27782059 64.84375000
ECS 257 -10.29442883 64.84589386
ECS 258 -10.31105804 64.84787750
ECS 259 -10.32770443 64.84968567
ECS 260 -10.34436989 64.85132599
ECS 261 -10.36104870 64.85280609
ECS 262 -10.37774277 64.85411072
ECS 263 -10.39444828 64.85524750
ECS 264 -10.41116428 64.85622406
ECS 265 -10.42788887 64.85702515
ECS 266 -10.44462109 64.85765076
ECS 267 -10.46135712 64.85812378
ECS 268 -10.47809792 64.85841370
ECS 269 -10.49031353 64.85850525
ECS 270 -10.49157715 64.85778809
ECS 271 -10.50604057 64.84926605
ECS 272 -10.52036285 64.84049225
ECS 273 -10.53453636 64.83148956
ECS 274 -10.54855919 64.82224274
ECS 275 -10.56242657 64.81275940
ECS 276 -11.53587055 64.56176758
ECS 277 -11.54926395 64.56311798
ECS 278 -11.56594849 64.56450653
ECS 279 -11.58265495 64.56561279
ECS 280 -11.59937763 64.56644440
ECS 281 -11.61611176 64.56698608
ECS 282 -11.63285160 64.56725311
ECS 283 -11.64959335 64.56723022
ECS 284 -11.66633320 64.56692505
ECS 285 -11.68306541 64.56633759
ECS 286 -11.69978523 64.56546783
ECS 287 -11.71648884 64.56431580
ECS 288 -11.73317146 64.56288147
ECS 289 -11.74982834 64.56115723
ECS 290 -11.76645279 64.55915833
ECS 291 -11.78304386 64.55688477
ECS 292 -11.79959488 64.55432129
ECS 293 -11.81610012 64.55148315
ECS 294 -11.83255959 64.54836273
ECS 295 -11.84896374 64.54496002
ECS 296 -11.85276985 64.54411316
ECS 297 -11.86732674 64.53952789
ECS 298 -11.88326836 64.53433990
ECS 299 -11.89915848 64.52898407
ECS 300 -11.91499519 64.52346039
ECS 301 -11.93077564 64.51778412
ECS 302 -11.94649982 64.51194763
ECS 303 -11.96216488 64.50595093
ECS 304 -11.97776890 64.49979401
ECS 305 -11.99331379 64.49347687
ECS 306 -12.00879383 64.48699951
ECS 307 -12.02420902 64.48036957
ECS 308 -12.03956032 64.47357941
ECS 309 -12.05484200 64.46662903
ECS 310 -12.07005405 64.45952606
ECS 311 -12.08519459 64.45227814
ECS 312 -12.10026455 64.44486237
ECS 313 -12.11526108 64.43729401
ECS 314 -12.13018131 64.42958069
ECS 315 -12.14502525 64.42170715
ECS 316 -12.15979004 64.41368866
ECS 317 -12.17447376 64.40551758
ECS 318 -12.18907642 64.39720154
ECS 319 -12.20359898 64.38872528
ECS 320 -12.21803570 64.38011169
ECS 321 -12.22765923 64.37423706
ECS 322 -12.22867489 64.37349701
ECS 323 -12.24215317 64.36339569
ECS 324 -12.25546074 64.35307312
ECS 325 -12.26859665 64.34251404
ECS 326 -12.28155994 64.33174133
ECS 327 -12.29434299 64.32074738
ECS 328 -12.30694199 64.30953217
ECS 329 -12.31935501 64.29811096
ECS 330 -12.33158112 64.28647614
ECS 331 -12.34361267 64.27463531
ECS 332 -12.35544777 64.26259613
ECS 333 -12.36708546 64.25035095
ECS 334 -12.37851810 64.23790741
ECS 335 -12.38974571 64.22527313
ECS 336 -12.40076351 64.21245575
ECS 337 -12.41156864 64.19944763
ECS 338 -12.42216015 64.18625641
ECS 339 -12.43253326 64.17288208
ECS 340 -12.44268513 64.15933228
ECS 341 -12.45261288 64.14561462
ECS 342 -12.46231174 64.13173676
ECS 343 -12.47178364 64.11769104
ECS 344 -12.48102188 64.10347748
ECS 345 -12.49002647 64.08911133
ECS 346 -12.49879360 64.07460022
ECS 347 -12.50732136 64.05993652
ECS 348 -12.51560688 64.04513550
ECS 349 -12.52364826 64.03018188
ECS 350 -12.53144264 64.01510620
ECS 351 -12.53898716 63.99989319
ECS 352 -12.54628086 63.98455811
ECS 353 -12.55332184 63.96909332
ECS 354 -12.56010818 63.95351791
ECS 355 -12.56663799 63.93782425
ECS 356 -12.57290745 63.92202377
ECS 357 -12.57891941 63.90611267
ECS 358 -12.58466625 63.89011002
ECS 359 -12.59015179 63.87400436
ECS 360 -12.59537029 63.85780716
ECS 361 -12.60032272 63.84152603
ECS 362 -12.60500622 63.82516098
ECS 363 -13.46895790 63.30273819
ECS 364 -13.48847485 63.30590820
ECS 365 -13.50505543 63.30826950
ECS 366 -13.52167130 63.31034470
ECS 367 -13.53831768 63.31214142
ECS 368 -13.55499172 63.31365204
ECS 369 -13.57168865 63.31488419
ECS 370 -13.58840275 63.31582642
ECS 371 -13.60513020 63.31648254
ECS 372 -13.62186623 63.31686020
ECS 373 -13.63860512 63.31694412
ECS 374 -13.65534401 63.31674576
ECS 375 -13.67207718 63.31626511
ECS 376 -13.68880081 63.31549835
ECS 377 -13.70550919 63.31444550
ECS 378 -13.72219753 63.31311035
ECS 379 -13.73886299 63.31148529
ECS 380 -13.75549793 63.30958176
ECS 381 -13.77209949 63.30739594
ECS 382 -13.78866482 63.30492020
ECS 383 -13.80518627 63.30216599
ECS 384 -13.82166004 63.29912949
ECS 385 -13.83808231 63.29581070
ECS 386 -13.85444927 63.29221344
ECS 387 -13.87075520 63.28833771
ECS 388 -13.88699532 63.28418350
ECS 389 -13.90316677 63.27975082
ECS 390 -13.91926098 63.27504349
ECS 391 -13.93527794 63.27006149
ECS 392 -13.95121098 63.26480484
ECS 393 -13.96705627 63.25927734
ECS 394 -13.98280811 63.25347900
ECS 395 -13.99846554 63.24740982
ECS 396 -15.00259304 63.22919846
ECS 397 -15.01154613 63.23255157
ECS 398 -15.02736378 63.23817825
ECS 399 -15.04327106 63.24353790
ECS 400 -15.05926418 63.24862289
ECS 401 -15.07533455 63.25342941
ECS 402 -15.09148216 63.25796509
ECS 403 -15.10770130 63.26222229
ECS 404 -15.12398624 63.26620483
ECS 405 -15.14033318 63.26990509
ECS 406 -15.15673828 63.27332306
ECS 407 -15.17319489 63.27646255
ECS 408 -15.18970108 63.27931213
ECS 409 -15.20625210 63.28188705
ECS 410 -15.22284031 63.28417969
ECS 411 -15.23946476 63.28618240
ECS 412 -15.25611877 63.28790283
ECS 413 -15.27279758 63.28933334
ECS 414 -15.28949738 63.29048157
ECS 415 -15.30621433 63.29133606
ECS 416 -15.32294273 63.29191208
ECS 417 -15.33967781 63.29219437
ECS 418 -15.35641479 63.29219437
ECS 419 -15.37314892 63.29190826
ECS 420 -15.38987637 63.29132843
ECS 421 -15.40659332 63.29046631
ECS 422 -15.42329121 63.28931046
ECS 423 -15.43997192 63.28787613
ECS 424 -15.45662403 63.28615189
ECS 425 -15.47324753 63.28414154
ECS 426 -15.48983574 63.28184128
ECS 427 -15.50638485 63.27925873
ECS 428 -15.52288914 63.27639389
ECS 429 -15.53934574 63.27324677
ECS 430 -15.55574894 63.26981354
ECS 431 -15.57209492 63.26609802
ECS 432 -15.58837700 63.26210403
ECS 433 -15.60459232 63.25782776
ECS 434 -15.62073612 63.25327301
ECS 435 -15.63680649 63.24843979
ECS 436 -15.65279388 63.24332809
ECS 437 -15.66869640 63.23794174
ECS 438 -15.68451118 63.23228836
ECS 439 -15.70023251 63.22635269
ECS 440 -15.71585274 63.22015381
ECS 441 -15.73137283 63.21368790
ECS 442 -15.74678612 63.20695114
ECS 443 -15.76208591 63.19994736
ECS 444 -15.77727318 63.19268036
ECS 445 -15.79233932 63.18515778
ECS 446 -15.80728149 63.17736816
ECS 447 -15.82209682 63.16932678
ECS 448 -15.83677864 63.16102982
ECS 449 -15.85132599 63.15247726
ECS 450 -15.86573219 63.14367294
ECS 451 -15.87999344 63.13462830
ECS 452 -15.89410686 63.12532806
ECS 453 -15.89661980 63.12361526
34 -15.79002778 63.10013889
35 -15.59972222 63.04955556
36 -15.22291667 62.91305556
37 -14.99580556 62.80525000
38 -14.37400000 62.46211111
39 -13.48758333 61.56097222
40 -12.98025000 60.39572222
41 -12.93102778 59.04275000
42 -12.93450000 59.02105556
43 -11.61919444 59.89227778
44 -11.40336111 59.96177778
45 -10.48425000 60.08894444
46 -10.02905556 60.05661111
47 -9.41155556 59.90933333
48 -9.26716667 59.85652778
MS 1 -8.43648564 59.38658331
EZ 1 -7.95331969 59.54675947
EZ 2 -7.47748800 59.63139861
EZ 3 -6.74310167 59.62970689
EZ 4 -6.42679378 59.57978517
EZ 5 -5.41164578 59.19109953
[Third Sch. inserted by s. 7 of Act 6 of 2012 w.e.f. 18 June 2012.]
Fourth Schedule [Section 20]
TREATY CONCERNING THE JOINT MANAGEMENT OF THECONTINENTAL SHELF IN THE MASCARENE PLATEAU REGION
THE GOVERNMENT OF THE REPUBLIC OF MAURITIUS
and
THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES
(“the Contracting Parties”) SEEKING to promote the sustainable and long-term economic and social development of their
respective small island countries for the benefit of present and future generations; COMMITTED to maintaining, renewing and further strengthening the mutual respect,
goodwill, friendship and co-operation between their two countries; ACKNOWLEDGING the existence of an overlapping area of continental shelf extending
beyond the Exclusive Economic Zone boundaries established by their two countries under the Treaty between the Government of the Republic of Mauritius and the Government of the Republic of Seychelles on the Delimitation of the Exclusive Economic Zone between the two States dated 29 July 2008;
RECALLING that both countries co-operated on the basis of the Treaty between the Government of the Republic of Seychelles and the Government of the Republic of Mauritius on the Framework for a Joint Submission to the United Nations Commission on the Limits of the Continental Shelf dated 18 September 2008, as subsequently amended, to lodge on 1 December 2008 the Joint Submission to the United Nations Commission on the Limits of the Continental Shelf (‘the Commission’) concerning the Mascarene Plateau region (“Joint Submission”) under Article 76, paragraph 8 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 (“the Convention”);
RECALLING ALSO on 30 March 2011, the Commission adopted recommendations confirming the entitlement of their two countries to the area of continental shelf as contained in the Commission document entitled Recommendations of the Commission on the Limits of the Continental Shelf in regard to the Joint Submission made by Mauritius and Seychelles in respect of the Mascarene Plateau Region on 1 December 2008;
CONSCIOUS that the Convention provides in Article 83 that the delimitation of the continental shelf between States with opposite coasts shall be effected by agreement on the basis of international law in order to achieve an equitable solution and, in the absence of delimitation, that States shall make every effort in a spirit of understanding and co-operation to enter into provisional arrangements of a practical nature which do not prejudice a final determination of the extended continental shelf delimitation;
RECOGNISING the importance of providing an equitable and co-operative legal basis for the exercise by their two countries of their sovereign rights and jurisdiction over the continental shelf in the Mascarene Plateau Region in accordance with international law;
REAFFIRMING the Treaty Concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region of 13 March 2012, under which the Contracting Parties established the outer limits of the continental shelf in the Mascarene Plateau Region and agreed to exercise sovereign rights jointly for the purpose of exploring the continental shelf and exploiting its natural resources;
MINDFUL of the importance of jointly managing the natural resources of the continental shelf in the Mascarene Plateau Region in a manner that is sustainable and consistent with the precautionary principle and the protection of the marine environment and the biological diversity of the continental shelf;
DESIRING to enter into an international agreement to provide an effective and equitable framework to govern the joint management of the continental shelf in the Mascarene Plateau Region;
HAVE AGREED as follows:
PART 1: PRELIMLNARY
Article 1 – Definitions For the purposes of this Treaty—
(a) “Authority” means the Designated Authority established in Article 4 of this Treaty; (b) “bioprospecting” means the examination of biological resources for features including
but not limited to chemical compounds, genes and their products and physical properties that may be of value for commercial development;
(c) “Commission” means the Joint Commission established under Article 4 of this Treaty; (d) “continental shelf” has the meaning contained in Article 76 of the Convention; (e) “contractor” means a corporation, company or other legal entity or entities with limited
liability that enter into a contract with the Designated Authority and which are duly regulated;
(f) “Convention” means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;
(g) “criminal law” means any law in force in the territory of either of the Contracting Parties, whether substantive or procedural, that makes provision for, or in relation to offences, or for or in relation to the investigation or prosecution of offences or the punishment of offenders, including the carrying out of a penalty imposed by a court. For this purpose, “investigation” includes entry to an installation or structure in the JMA, the exercise of powers of search and questioning and the apprehension of a suspected offender;
(h) “Council” means the Ministerial Council established in Article 4 of this Treaty; (i) “initially processed” means processing of petroleum to a point where it is ready for off-
take from the production facility and may include such processes as the removal of water, volatiles and other impurities;
(j) “JMA” means the Joint Management Area established in Article 3 of this Treaty; (k) “minerals” means any naturally occurring element, compound or substance, amorphous
or crystalline (including liquid crystalline compounds), formed through geological or biogeochemical processes and any naturally occurring mixture of substances, including in the form of coal, clay, evaporates, gravel, limestone, oil-shale, sand, shale, rock, and polymetallic nodules;
(l) “natural resources” means the mineral, petroleum and other non-living resources of the seabed and subsoil of the continental shelf together with living organisms belonging to sedentary species that are at the harvestable stage either immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil;
(m) “natural resource activities” means all activities authorised or contemplated under a contract, permit or licence that are undertaken to explore and exploit natural resources in the JMA including but not limited to development, initial processing, harvesting, production, transportation and marketing, as well as the planning and preparation for such activities;
(n) “natural resource codes” means codes referred to in Article 8 of this Treaty; (o) “natural resources project” means any natural resource activity taking place with the
approval of the Designated Authority in a specified area of the JMA; (p) “petroleum” means any naturally occurring hydrocarbon, whether in a gaseous, liquid,
or solid state and any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, together with other substances produced in association with such hydrocarbons, and includes any petroleum that has been returned to a reservoir;
(q) “petroleum produced” means initially processed petroleum extracted from a reservoir through petroleum activities;
(r) “reservoir” means an accumulation of petroleum in a geological unit limited by rock, water or other substances without pressure communication through liquid or gas to another accumulation of petroleum;
(s) “Taxation Code” means the Code referred to in Article 6 of this Treaty; (t) “Treaty” means this Treaty, including Annexes A-D and any Annex that may
subsequently be agreed by the Contracting Parties to form a part of this Treaty.
Article 2 – Treaty without Prejudice (a) This Treaty gives effect to international law as reflected in the Convention which under
Article 83 requires States with opposite or adjacent coasts to make every effort to enter into provisional arrangements of a practical nature pending agreement on the final delimitation of the continental shelf between them in a manner consistent with international law. This Treaty is intended to adhere to such obligation.
(b) Nothing contained in this Treaty, and no act taking place while this Treaty is in force, shall be interpreted as prejudicing or affecting the legal position or rights of the Contracting Parties concerning their respective continental shelf entitlements or the delimitation of the continental shelf.
PART 2: THE JOINT MANAGEMENT AREA
Article 3 – Joint Management Area (a) The Joint Management Area (JMA) is established in respect of the Joint Zone described
in Article 2 of the Treaty Concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region, done on 13 March 2012 and as depicted in the map at Annex A.
(b) The Contracting Parties shall jointly control, manage and facilitate the exploration of the continental shelf within the JMA and the conservation, development and exploitation of its natural resources.
(c) Natural resource activities in the JMA shall be carried out under the direction of the Designated Authority, by such means as it may determine in accordance with this Treaty, including where appropriate through the issue of licences or pursuant to contracts between the Authority and contractor. This provision shall also apply to the successors or assignees of such contractors.
(d) The Contracting Parties shall each make it an offence under their respective national laws for any person to conduct resource activities in the JMA otherwise than in accordance with this Treaty.
PART 3 – INSTITUTIONAL AND REGULATORY ARRANGEMENTS
Article 4 – Regulatory Bodies (a) A three-tiered joint administrative structure consisting of Ministerial Council, a Joint
Commission and a Designated Authority, is established. (b) Ministerial Council— i. A Ministerial Council for the JMA is hereby established. The Ministerial
Council shall consist of an equal number of Ministers designated by the Contracting Parties.
ii. The Ministerial Council shall consider any matter relating to the operation of this Treaty that is referred to it by either of the Contracting Parties. It shall also consider any matter referred to under sub-paragraph (c) (iii).
iii. The Ministerial Council shall meet at the request of either Contracting Party or at the request of the Commission.
iv. All decisions of the Ministerial Council shall be adopted by consensus. In the
event the Council is unable to resolve a matter, either of the Contracting Parties may invoke the dispute resolution procedure provided under Article 21.
v. No decision of the Ministerial Council shall be valid unless it is recorded in writing and signed by at least one member from each Contracting Party.
vi. The Ministerial Council shall establish its own procedures, including those in relation to taking decisions out of session and for conducting meetings by means of telephonic and electronic communication.
(c) Joint Commission: i. The Joint Commission shall consist of an equal number of commissioners
appointed by the Contracting Parties. The Joint Commission shall establish policies and regulations relating to petroleum and other natural resource activities in the JMA and shall oversee the work of the Authority.
ii. A non-exhaustive list of more detailed powers and functions of the Joint Commission is set out in Annex C. This list may be amended from time to time as necessary.
iii. The Joint Commission may at any time refer a matter to the Ministerial Council for resolution.
iv. The Joint Commission shall meet at least once a year in the Contracting Parties on an alternate basis, or otherwise as agreed, and each meeting shall be co- chaired.
v. Decisions of the Joint Commission shall be made by consensus. (d) Designated Authority: i. The Joint Commission shall establish the Designated Authority (“Authority”). ii. The Authority shall have juridical personality and such legal capacities under the
law of the Contracting Parties as are necessary for the exercise of its powers and the performance of its functions. It shall have the capacity to contract, to acquire and dispose of movable and immovable property and to institute and be party to legal proceedings.
iii. The Authority shall be responsible to the Joint Commission and shall carry on the day-to-day regulation and management of natural resource activities in the JMA.
iv. A non-exhaustive list of more detailed powers and functions of the Authority is contained in Annex D. The Annexes to this Treaty may identify other additional powers and functions of the Authority. The Authority also has such other powers and functions as may be conferred upon it by the Commission.
v. The Authority shall be financed on an equal basis by the Contracting Parties, including eventually through the remittance of fees collected under natural resource codes.
vi. The Authority shall be exempt from: (1) income tax or business tax, as the case may be; and (2) customs duties, excise tax, Value Added Tax (VAT), levy and other
similar taxes on imports for official use, imposed under the law in force in the territory of each of the Contracting Parties, as well as any identical or substantially similar taxes that are imposed after the date of signature of this Treaty in addition to, or in place of, the existing taxes.
vii. Personnel of the Authority: (1) shall be subject to taxation in the Contracting Party of which they are a
national and in accordance with the tax law of that Contracting Party in respect of salaries, allowances and other payments made to them by the Authority in connection with their employment with the Authority. For the purposes of this paragraph the term “national” includes a resident of either Contracting Party as defined in the income tax law of the Contracting Party; and
(2) shall, at the time of the first taking up the post with the Authority located in either of the Contracting Parties in which they are not resident, be exempt from customs duties, excise tax, VAT, levy and other similar taxes and other such charges (except payments for services) in respect of imports of furniture and other household and personal effects including
one motor vehicle in their ownership or possession or already ordered by them and intended for their personal use or for their establishment, subject to terms and conditions established by the Joint Commission. Such goods shall be imported within six months of an officer’s first entry but in exceptional circumstances an extension of time shall be granted by the Contracting Parties respectively. Goods that have been acquired or imported by officers and to which exemptions under this sub-paragraph apply shall not be given away, sold, lent or hired out, or otherwise disposed of except under conditions agreed in advance depending on in which country the officer is located.
(e) No member of the Ministerial Council, Joint Commission and personnel of the Authority shall have any financial or personal interest in any natural resource project in the JMA.
Article 5 – Sharing of Revenue (a) The Contracting Parties shall share revenue received in respect of natural resource
activities carried out in the JMA equally, whereby fifty (50) per cent of revenue received shall be remitted to Mauritius and fifty (50) per cent of revenue received shall be remitted to Seychelles.
(b) To the extent that fees referred to in Article 4 (d) (v) and other income are inadequate to cover the expenditure of the Authority in relation to this Treaty, that expenditure shall be borne by each of the Contracting Parties in the same proportion as set out in paragraph (a).
(c) Paragraph (a) shall not apply to the equitable sharing of the benefits arising from unitisation under Article 10 unless mutually agreed by the Contracting Parties.
Article 6 – Taxation Code (a) The Contracting Parties shall agree upon a Taxation Code applicable to income derived
from natural resource activities in the JMA. (b) Neither Contracting Party may during the life of a natural resource project vary any of
the provisions of the Taxation Code applicable to it except by mutual agreement.
Article 7 – Application of Domestic Law For the purposes of the application of the domestic laws of each Contracting Party related
directly or indirectly to— i. the exploration of the continental shelf within the JMA and the development and
exploitation of natural resources in the JMA; and ii. acts, matters, circumstances and things touching, concerning, arising out of or
connected with, natural resource activities in the JMA,
the JMA shall be deemed to be and treated by each Contracting Party as forming part of its respective territory.
Article 8 – Natural Resource Codes (a) The Contracting Parties may agree upon natural resource codes concerning the
exploration of the continental shelf within the JMA and the development, exploitation, harvesting, conservation and export of natural resources from the JMA.
(b) The Commission shall, where necessary, adopt interim arrangements to be applied pending the adoption of natural resource codes in accordance with paragraph (a).
PART 4 – PIPELINES AND UNITISATION
Article 9 – Pipelines (a) The construction and operation of a pipeline within the JMA for the purposes of
exporting petroleum from the JMA shall be subject to the approval of the Commission. (b) The Contracting Parties shall consult each other on the terms and conditions for laying
of pipelines exporting petroleum from the JMA to the point of landing. (c) A pipeline landing in the territory of a Contracting Party shall be under the jurisdiction
of the country of landing. (d) In the event a pipeline is constructed from the JMA to the territory of either of the
Contracting Parties, the country where the pipeline lands may not object to or impede decisions of the Commission regarding that pipeline except where the construction of a pipeline would have an adverse economic or physical impact upon an existing natural resource project in the JMA.
(e) Petroleum from the JMA and from fields which straddle the boundaries of the JMA shall at all times have priority of carriage along any pipeline carrying petroleum from and within the JMA.
(f) There shall be open access to pipelines for petroleum from the JMA. The open access arrangements shall be in accordance with good international regulatory practice. If one Contracting Party has jurisdiction over the pipeline, it shall consult with the other Contracting Party over access to the pipeline.
Article 10 – Unitisation (a) Any reservoir of petroleum or unitary mineral deposit that extends across or straddles
the boundary of the JMA into the Exclusive Economic Zone of either or both Contracting Parties shall be treated as a single entity for exploration, development and management purposes.
(b) The Contracting Parties shall work expeditiously and in good faith to reach agreement on the manner in which the petroleum field or mineral deposit referred to in paragraph (a) will be most effectively managed and developed and on the equitable sharing of revenue arising from such development.
Article 11 – Surveys Each of the Contracting Parties has the right to conduct surveys including hydrographic,
geological, geophysical and seismic surveys to facilitate natural resource activities in the JMA. In the exercise of such right, the Contracting Parties shall: i. notify the Authority of any proposed survey; ii. co-operate on the conduct of such surveys, including the provision of necessary on-
shore facilities; and iii. exchange information relevant to natural resource activities in the JMA.
PART 5 – PROTECTION OF THE ENVIRONMENT, BIODIVERSITY AND BIOPROSPECTING
Article 12 – Protection of the Seabed Marine Environment (a) The Contracting Parties shall co-operate to protect natural resources in the JMA so as to
secure seabed biodiversity and prevent pollution and other risks of harm to the environment arising from, or connected with, natural resource activities in the JMA.
(b) The Contracting Parties shall apply the precautionary principle in co-operating to conserve and protect the environment and biodiversity of the seabed in the JMA. This shall include measures concerning fishing activity in the waters superjacent to the seabed in the JMA where such activity is having a direct impact upon, or poses a significant risk to, the natural resources of the seabed and subsoil in the JMA.
(c) The Contracting Parties shall co-operate to protect seabed marine habitats and associated ecological communities of the seabed in the JMA. This shall include the identification of environmental benchmarks and the identification of seabed marine protected areas, having regard to the following:
i. geographical distribution of seabed marine species and biological communities; ii. the structure of these communities; iii. their relationship with the physical and the chemical environment; iv. the natural ecological and genetic variability; and v. the nature and the effect of the anthropogenic influences including fishing and
natural resource activities on these ecosystem components. (d) Where pollution of the marine environment occurring in the JMA spreads beyond the
JMA, the Contracting Parties shall co-operate in taking prompt and effective action to prevent, mitigate and eliminate such pollution in accordance with international best practices, standards and procedures.
(e) The Authority shall issue regulations to protect the living natural resources and seabed environment in the JMA. It shall establish a contingency plan for combating pollution from natural resource activities in the JMA.
(f) Contractors shall be liable for damage or expenses incurred as a result of pollution of the marine environment arising out of natural resource activities within the JMA in accordance with—
i. their contract, licence or permit or other form of authority issued pursuant to this Treaty; and,
ii. the law of the jurisdiction of the Contracting Party in which the claim is brought.
Article 13 – Biological Surveys and Bioprospecting (a) Each of the Contracting Parties has the right to carry out biological surveys for the
purposes of Article 12 of this Treaty and to engage in bioprospecting to identify and examine living natural resources that may be of value for commercial development in the JMA or of conservation significance.
(b) The Contracting Parties shall— i. notify the Authority of any proposed survey; ii. co-operate in the conduct of such biological surveys and bioprospecting,
including the provision of necessary on-shore facilities; and iii. exchange information relevant to biological surveys and bioprospecting in the
JMA.
PART 6 – EMPLOYMENT, HEALTH AND SAFETY ANDAPPLICATION OF DOMESTIC LAWS
Article 14 – Employment The Contracting Parties shall take appropriate measures to ensure that preference is given in
employment in the JMA to nationals of both Contracting Parties and to facilitate, as a matter of priority, training and employment opportunities for those nationals.
Article 15 – Health and Safety for Workers (a) The Authority shall develop, and contractors shall apply where required, occupational
health and safety standards and procedures for persons employed on installations and structures in the JMA in accordance with internationally accepted standards and best practices.
(b) Similar occupational health, safety standards and procedures shall apply to all workers engaged in natural resource activities in the JMA.
Article 16 – Criminal Jurisdiction (a) The Contracting Parties shall examine different options for addressing offences
committed in the JMA. Pending the completion of such exercise, the provisions of this Article shall apply with respect to offences committed in the JMA.
(b) A national or resident of a Contracting Party shall be subject to the criminal law of the country of nationality or residence in respect of acts or omissions occurring in the JMA connected with or arising out of natural resource activities.
(c) Notwithstanding paragraph (e), a national of a third state, not being a resident of either Contracting Party, shall be subject to the criminal law of either Contracting Party in respect of acts or omissions occurring in the JMA connected with or arising out of natural resource activities. Such person shall not be subject to criminal proceedings under the law of either Contracting Party if he or she has already been tried and discharged or acquitted by a competent tribunal or already undergone punishment for the same act or omission under the law of the other country or where the competent authorities of one country, in accordance with its law, have decided in the public interest to refrain from prosecuting the person for that act or omission.
(d) In cases referred to in paragraph (c), the Contracting Parties shall, as and when necessary, consult each other to determine which criminal law is to be applied, taking into account the nationality of the victim and the interests of the country most affected by the alleged offence.
(e) The criminal law of the flag state shall apply in relation to acts or omissions on board vessels operating in the waters superjacent to the JMA.
(f) The Contracting Parties shall provide assistance to and co-operate with each other, including through agreements or arrangements as appropriate, for the purposes of enforcement of criminal law under this Article, including the obtaining of evidence and
information. (g) The Contracting Parties each recognise the interest of the other country where a victim
of an alleged offence is a national of that other country and shall keep that other country informed, to the extent permitted by its law, of action being taken with regard to the alleged offence.
(h) The Contracting Parties may make arrangements permitting officials of one country to assist in the enforcement of the criminal law of the other country. Where such assistance involves the detention of a person who under paragraph (b) is subject to the jurisdiction of the other country, that detention may only continue until it is practicable to hand the person over to the relevant officials of that other country.
Article 17 – Customs, Migration and Quarantine (a) The Contracting Parties may, subject to paragraphs (c), (e), (f) and (g), apply customs,
migration and quarantine laws in accordance with internationally accepted standards and best practices to persons, equipment and goods entering its territory from, or leaving its territory for, the JMA. The Contracting Parties may adopt arrangements to facilitate such entry and departure.
(b) Contractors shall ensure, unless otherwise authorised by the Contracting Parties, that persons, equipment and goods do not enter structures in the JMA without first entering the Contracting Parties, and that their employees and the employees of their subcontractors are authorised by the Authority to enter the JMA.
(c) Either Contracting Party may request consultations with the other Contracting Party in relation to the entry of particular persons, equipment and goods to structures in the JMA aimed at controlling the movement of such persons, equipment and goods.
(d) Nothing in this Article prejudices the right of either Contracting Party to apply customs, migration and quarantine controls to persons, equipment and goods entering the JMA without the authority of either Contracting Party. The Contracting Parties may adopt arrangements to co-ordinate the exercise of such rights.
(e) Goods and equipment entering the JMA for purposes related to natural resource activities shall not be subject to customs duties, excise tax, VAT, levy and other similar taxes.
(f) Goods and equipment leaving or in transit through the territory of the Contracting Parties for the purpose of entering the JMA for purposes related to natural resource activities shall not be subject to customs duties, excise tax, VAT, levy and other similar taxes.
(g) Goods and equipment leaving the JMA for the purpose of being permanently transferred to a part of the territory of the Contracting Parties may be subject to customs duties, excise tax, VAT, levy and other similar taxes of that Contracting Party.
Article 18 – Safety, Operating Standards and Crewing of Resource Industry Vessels (a) Except as otherwise provided in this Treaty, vessels of the nationality of a Contracting
Party engaged in natural resource activities in the JMA shall be subject to the law of their nationality in relation to safety and operating standards and crewing regulations.
(b) Vessels flying the flag of States other than the Contracting Parties and which are engaged in natural resource activities in the JMA shall be subject to the relevant international safety and operating standards and crewing regulations.
PART 7 – SURVEILLANCE, SECURITY AND RESCUE
Article 19 – Surveillance and Security Measures (a) For the purposes of this Treaty, the Contracting Parties shall have the right to carry out
surveillance activities in the JMA in relation to natural resource activities. (b) The Contracting Parties shall co-operate on and co-ordinate any surveillance activities
carried out in accordance with paragraph (a) and shall exchange information on likely threats to, or security incidents relating to, natural resource activities in the JMA.
(c) The Contracting Parties shall make arrangements for responding promptly and effectively to security incidents in the JMA.
Article 20 – Search and Rescue The Contracting Parties shall, at the request of the Authority and consistent with this Treaty,
co-operate and assist in the conduct of search and rescue operations in the JMA, taking into account generally accepted international rules, regulations and procedures established through competent international organisations.
PART 8 – SETTLEMENT OF DISPUTES, DURATION AND ENTRY INTO FORCE
Article 21 – Settlement of Disputes (a) With the exception of disputes falling within the scope of the Taxation Code referred to
in Article 6 of this Treaty and which shall be settled in accordance with that Code as agreed by the Contracting Parties, any dispute concerning the interpretation or application of this Treaty shall, as far as possible, be settled amicably through mutual consultation.
(b) Any dispute which is not settled in the manner set out in paragraph (a) and any unresolved matter relating to the operation of this Treaty under Article 4 (b) (ii) shall, at the request of either of the Contracting Parties, be submitted to an Arbitral Tribunal established in accordance with the procedure set out in Annex B.
Article 22 – Amendment This Treaty may be amended at any time by written agreement between the Contracting
Parties.
Article 23 – Duration of the Treaty (a) This Treaty shall remain in force until a permanent delimitation of the continental shelf
is agreed between the Contracting Parties or for thirty (30) years from the date of its entry into force, whichever is sooner.
(b) This Treaty may be renewed by agreement between the Contracting Parties. (c) Natural resource projects commenced under this Treaty shall continue, notwithstanding
that this Treaty is no longer in force, under conditions that are consistent with those that are provided for under this Treaty.
Article 24 – Entry into Force (a) Each of the Contracting Parties shall notify the other, by means of exchange of
diplomatic notes, the completion of the procedures required by its law for the bringing into force of this Treaty. The Treaty shall enter into force on the date of receipt of the later notification.
(b) Upon entry into force, the Treaty shall be taken to have effect, and all of its provisions shall be taken to have applied, from the date of signature.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Treaty.
DONE at Clarisse House, Vacoas, Mauritius in duplicate on this 13* day of March Two Thousand and Twelve in the English language.
For the Government of the Republic of Mauritius
For the Government of the Republic of Seychelles
Dr the Hon Navinchandra
RAMGOOLAM, GCSK., FRCP Prime Minister
H. E. Mr. James Alix MICHEL President
Annex A under Article 3 of this Treaty
Designation and Description of the JMA The JMA referred to in Article 3 comprises the area of continental shelf set out in Article 2 of
the Treaty Concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region, done on 13 March 2012, as depicted in the map below—
Joint Management Area (JMA) over the Continental Shelf in the Mascarene Plateau
Annex B under Article 21 of this Treaty
Dispute Resolution Procedure (a) An Arbitral Tribunal (“Tribunal”) to which a dispute is submitted pursuant to Article
21 (b) shall consist of three persons appointed as follows— i. the Contracting Parties shall each appoint one arbitrator; ii. the arbitrators appointed by the Contracting Parties shall, within sixty (60) days
of the appointment of the second of them, by agreement, select a third arbitrator who shall be a citizen, or permanent resident of a third country which has diplomatic relations with both the Contracting Parties; and
iii. the Contracting Parties shall, within sixty (60) days of the selection of the third arbitrator, approve the selection of that arbitrator who shall act as Chairman of the Tribunal.
(b) Arbitration proceedings shall be instituted upon notice being given through the diplomatic channel by the Contracting Party instituting such proceedings to the other Contracting Party. Such notice shall contain—
i. a statement setting forth in summary form the grounds of the claim; ii. the nature of the relief sought; and, iii. the name of the arbitrator appointed by the Contracting Party instituting such
proceedings, Within sixty (60) days after the giving of such notice, the respondent Contracting Party
shall notify the Contracting Party instituting proceedings of the name of the arbitrator appointed by the respondent Contracting Party.
(c) If, within the time limits provided for in sub-paragraphs (a) (ii) and (iii) and paragraph (b) of this Annex, the required appointment has not been made or the required approval has not been given, the Contracting Parties may request the President of the international Tribunal of the Law of the Sea (“ITLOS”) to make the necessary appointment. If the President is a citizen or permanent resident of the Contracting Parties or is otherwise unable to act, the Vice-President shall be invited to make the appointment. If the Vice-President is a citizen or permanent resident of the Contracting Parties or is otherwise unable to act, the Member of the ITLOS next in seniority who is not a citizen or permanent resident of the Contracting Parties shall be invited to make the appointment.
(d) In case any arbitrator appointed as provided for in this Annex resigns or becomes unable to act, another arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the new arbitrator shall have all the powers and duties of the original arbitrator.
(e) The Tribunal shall convene at such time and place as shall be fixed by the Chairman of the Tribunal. Thereafter, the Tribunal shall determine where and when it shall sit.
(f) The Tribunal shall decide all questions relating to its competence and shall, subject to any agreement between the Contracting Parties, determine its own procedures.
(g) Before the Tribunal makes a decision, it may at any stage of the proceedings propose to the Contracting Parties that the dispute be settled amicably. The Arbitral Tribunal shall reach its award by majority vote, taking into account the provisions of this Treaty and relevant international law.
(h) Each Contracting Party shall bear the costs incurred in relation to its appointed arbitrator and its own costs in preparing and presenting cases. The cost incurred in relation to the Chairman of the Tribunal and the expenses associated with the conduct of the arbitration shall be borne in equal parts by the Contracting Parties.
(i) The Tribunal shall afford to the Contracting Parties a fair hearing. It may render an award on the default of either of the Contracting Parties. In any case, the Arbitral Tribunal shall render its award within six (6) months from the date it is convened by the Chairman of the Tribunal. Any award shall be rendered in writing and shall state its legal basis. A signed counterpart of the award shall be transmitted to the Contracting Parties.
(j) An award of the Tribunal shall be final and binding on the Contracting Parties.
Annex C under Article 4 (c) (ii) of this Treaty
Powers and Functions of the Joint Commission 1. The powers and functions of the Joint Commission shall include—
(a) establishing the Authority; (b) giving directions to the Authority on the exercise of its powers and performance of its
functions; (c) conferring additional powers and functions to the Authority; (d) adopting taxation and natural resource codes applicable to the JMA including
amendments and interim arrangements as necessary; (e) approving financial estimates of income and expenditure of the Authority; (f) approving rules, regulations and procedures for the effective functioning of the
Authority; (g) calling for the auditing of the Authority’s books and accounts; (h) considering and adopting the annual report of the Authority.
Annex D under Article 4 (d) (iv) of this Treaty
Powers and Functions of the Authority The powers and functions of the Authority shall include—
(a) day-to-day management and regulation of natural resource activities in accordance with this Treaty and any instruments made or entered into under this Treaty, including directions given by the Joint Commission;
(b) preparation of annual estimates of income and expenditure of the Authority for submission to the Joint Commission. Any expenditure shall only be made in accordance with estimates approved by the Joint Commission or otherwise in accordance with regulations and procedures approved by the Joint Commission;
(c) preparation of annual reports for submission to the Joint Commission; (d) requesting assistance from the appropriate authorities consistent with this Treaty— (i) for search and rescue operations in the JMA; (ii) in the event of piracy or terrorist threats to vessels and structures engaged in
natural resource petroleum operations in the JMA; (e) requesting assistance with pollution prevention measures, equipment and procedures
from the appropriate authorities or other bodies or persons; (f) establishment of safety zones and restricted zones, consistent with international law, to
ensure the safety of navigation connected with natural resource activities; (g) controlling movements into, within and out of the JMA of vessels, aircraft, structures
and other equipment engaged in natural resource activities in a manner consistent with international law; and, subject to Article 15, authorising the entry of employees and contractors and their subcontractors and other persons into the JMA;
(h) applying regulations and giving directions as approved by the Commission under this Treaty, on all matters related to the supervision and control of natural resource activities including on health, safety, environmental protection and assessments and work practices, pursuant to natural resource codes;
(i) acting as a repository of all data and information pertaining to the JMA; (j) conducting inspections and audits concerning natural resource activities in the JMA;
and (k) such other powers and functions as may be identified by the Contracting Parties or as
may be conferred on it by the Joint Commission. [Fourth Sch. inserted by s. 7 of Act 6 of 2012 w.e.f. 18 June 2012.]
