GOVERNMENTGAZETTE OF THE

l \, ~ REPUBLIC OF NAMIBIA

R 0.30 WINDHOEK - 11 June 1990 No. 28

CONTENTS

GOVERNMENT NOTICE

No. 7 Promulgation of Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act 3 of 1990). of the National Assembly .

Government Notice

OFFICE OF THE PRIME MINISTER

No.7 1990

PROMULGATION OF ACT OF THE NATIONAL ASSEMBLY

The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No.3 of 1990: Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990.

2 Government Gazette II June 1990 No. 28 Act No.3, 1990

Definitions.

Territorial sea of Namibia.

TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE OF NAMIBIA ACT, 1990

EXPLANATORY NOTE: ____ Words underlined with solid line indicate

insertions proposed.

[ Words in bold type in square brackets indicate omissions proposed.

ACT .~{ " To determine and define the territorial sea, internal waters, exclusive economic zone and continental shelf of Namibia; and to provide for matters incidental thereto.

(Signed by the President on 6 June 1990)

BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-

1. In this Act, unless the context indicates otherwise -

"Convention" means the United Nations Convention on the Law of the Sea, 1982, adopted on 30 April 1982by the United Nations Conference on the Law of the Sea;

"low water line" means the line of lowest astronomical tide;

"Namibia" means the Republic of Namibia as defined in Article 1(4) ofthe Namibian Constitution, and in relation to any right or power, the authority in which the right or power in question or a right or power of the nature in question is vested;

"nautical mile" means the international nautical mile of 1 852 metres.

2. (1) The sea within a distance of 12 nautical miles measured from the low water line shall be the territorial sea of Namibia.

(2) (a) In determining the extent of the territorial sea of Namibia due regard shall be had to the rules embodied in the Convention, or as it may from time to time be embodied in any international con- vention binding on Namibia, and, with due regard

No. 28 Government Gazette II June 1990 3

Act No.3, 1990

Internal waters of Namibia.

Exclusive economic zone of Namibia.

TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE OF NAMIBIA ACT, 1990

to the said international rules, base lines other than the low water line from which the 12 nautical miles contemplated in subsection (1) are to be measured, may be recognized by Namibia;

(b) Any base line referred to in this section may be marked or indicated by appropriate symbols on scale charts officially recognized by Namibia;

(c) In any proceedings before a court of law any chart referred to in paragraph (b), shall be prima facie evidence of the matters referred to therein.

(3) Any law in force in Namibia at the commencement of this Act relating to territorial waters or to the sea within a specified distance but less than 12nautical miles from the low water mark, shall apply within the territorial sea of Namibia, and any reference in any such law to the territorial waters or low water mark shall be deemed to be a reference to the territorial sea or low water line as defined in this Act, respectively.

3. (1) The waters landward from its low water line or any other base line from which the territorial sea was measured, shall form part of the internal waters of Namibia.

(2) The provisions of subsection (1) shall be in addition to and not in substitution for any other law relating to or defining the internal waters of Namibia.

4. (1) The sea outside the territorial sea of Namibia but within a distance of two hundred nautical miles from the low water line or any other base line from which the territorial sea was measured shall constitute the exclusive economic zone of Namibia.

(2) In determining the extent of the exclusive eco- nomic zone the provisions of section 2 (2) shall mutatis mutandis apply.

(3) Within the exclusive economic zone -

(a) any law of Namibia which relates to the exploi- tation, exploration, conservation or manage- ment of the natural resources of the sea, whether living or non-living, shall apply;

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Act No.3, 1990

Government Gazette II June 1990 No. 28

Delimitation of territorial sea or exclusive economic zone.

Continental shelf of Namibia.

TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE OF NAMIBIA ACT, 1990

(b) Namibia shall have the right to exercise any powers which it may consider necessary to prevent the contravention of any fiscal law or any law relating to customs, immigration, health or the natural re- sources of the sea.

(4) Anylaw in force in Namibia at the commencement of this Act relating to any fishing zone, shall apply within the exclusive economic zone of Namibia, and any refe- rence in any such law to any fishing zone shall be deemed to be a reference to the exclusive economic zone as defined in this Act.

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5. If, in determining the extent of the territorial sea or exclusive economic zone of Namibia or after having so determined it, it infringes or overlaps with the territorial sea, exclusive economic zone or any other maritime zone, as the case may be, of any other State, the extent of the territorial sea or exclusive economic zone of Namibia may be determined or altered by agreement with the State concerned, and pending the conclusion of such an agree- ment or if no such agreement can be reached, the extent of the territorial sea or exclusive economic zone of Namibia, as the case may be, may be determined or altered by Namibia as it deems fit.

6. (1) The continental shelf as defined in the Con- vention, or as it may from time to time be defined by international convention and binding on Namibia, shall be the continental shelf of Namibia.

(2) The continental shelf referred to in subsection (1) shall be regarded as part of Namibia and shall for the purposes of -

(a) the exploitation of the natural resources of the sea; and

(b) any provision of any law relating to rmrung, precious stones, metals or minerals, including natural oil, which applies in that part of Namibia which adjoins the continental shelf,

be deemed to be State land.

No. 28 Government Gazette II June 1990 5 Act No.3, 1990

Repeal or amendment of laws.

Short title and com- mencement.

TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE OF NAMIBIA ACT, 1990

7. The laws specified in the Schedule are hereby re- pealed or amended to the extent set out in the third column of the Schedule.

8. This Act shall be called the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990, and shall come into operation on a date to be determined by the President by proclamation in the Gazette.

SCHEDULE

LAWS REPEALED OR AMENDED

(Section 7)

No. and Year Short title Extent of repeal of amendment

Act 58 of 1973. Sea Fisheries Act, 1973.

(a) The substitution for section 17 of the fol- lowing section:

"Forfeiture and seizure.

17. (I) The court con- victing any person of any offence in terms of this Act may, in addition to any other penalty it may impose, declare any fish, sea-weed, shells or im- plement or any fishing boat or other vessel or vehicle in respect of which the offence was committed or which was used in connection with the commission thereof, or any rights of the con- victed person thereto, to be forfeited to the State, and cancel or suspend for such period as the court may think fit, any registration done in re- spect of the convicted person or any licence or permit issued or granted to such person in terms of this Act: Provided that such a declaration of forfeiture shall not

6 Government Gazette II June 1990 No. 28

Act No.3, 1990 TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE OF NAMIBIA ACT, 1990

affect any rights which any person other than the convicted person may have to such imple- ment, boat, vessel or ve- hicle, if it is proved that such other person took all reasonable steps to prevent the use thereof in connection with the of- fence.

(3) Any fish, sea- weed, shells, boat, vessel, vehicle or implement or any right thereto for- feited to the State under the provisions of this section or section 6 (6), may be sold or destroyed or may be dealt with in such other manner as the President may direct. "

(2) The provisions of section 35 (3) and (4) of the Criminal Proce- dureAct, 1977(Act51 of 1977), shall mutatis mutandis apply in re- spect of any such rights.

(b) the amendment of section 22A -

(i) by the substitution in subsection (4) for the amount "R50 000" of the words "one million rand";

(ii) by the deletion in subsection (4) of the expression "or to imprisonment for a period not exceeding 7 years or to both such fine and such imprisonment. "; and

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(iii) by the substitution for subsection (5) of the following subsection:

"(5) a The President rna notice in the Gazette make regulations in respect of vessels authorized in terms of subsection (2), relating to any of the matters referred to in sections 10 (I), II (a), (b)

No.28 Government Gazette II June 1990 7 Act No.3, 1990

Proclamation AG. 32 of 1979.

TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE OF NAMIBIA ACT, 1990

(c) Any person using a vessel authorized in terms of subsection (2) in contravention of or with- out complying with any regula- tion referred to in paragraph (a) of this subsection, shall be guilty of an offence and liable on con- viction to the penalty prescribed in subsection (4). ".

and (e) and 13(I) (a), (c), (d), (f), (g), (h), (i), (j), (I), (m) and (n) of this Act.

(b) Different regulations may under paragraph (a) be made in respect of different vessels or vessels of different foreign States or in respect of different species of fish or fish products.

Territorial Waters of South West Afri- ca Proclamation, 1979.

The repeal of the whole.