THE EXCLUSIVE ECONOMIC ZONE ACT
ARRANGEMENT OF SECTIONS
Preliminary
1.Short title.
2. Interpretation.
Establishment of Zone
3. Establishment of Zone.
4. Rights in and jurisdiction over Zone.
5. Rights and duties of other States in Zone.
Exploration for and Exploitation of Living and Non-Living Resource of the Zone.
6. Exploration for and exploitation of living resources of the Zone.
7. Exploration for and exploitation of non-living resources of the Zone.
8. Grant of license for exploration for or exploitation of living or non-living resources of the Zone.
9. Application of enactments to Zone.
10. Extension of jurisdiction of the Courts and my other authority to Zone
11. Minister may make order regarding issue or revocation of license.
12. Person prejudiced by order of forfeiture may apply to Court far to Zone. revocation.
Powers and Duties of Marine Officers
13. Powers of Marine Officer.
14. Procedure consequent on detention or seizure in the Zone.
I5. Diplomatic or consular officer to be informed regarding seizure of vessel
16. Provision regarding proceeds of sale and compensation.
17. Proceedings against the Crown, Marine Officer or person acting in his aid.
General
18. Offenses committed within the Zone
19. Other indictable offenses.
20. Minister may amend Schedule.
21. Regulations.
THE EXCLUSIVE ECONOMIC ZONE ACT
31st December 1991
1. This Act may be cited as the Exclusive Economic Zone.
2. In this Act-
“Convention” means the United Nations Convention on the Law of the Sea signed in Montego Bay Gn the 15th day of December 1982;
“fish” means any aquatic animal whether piscine or not and includes shellfish, turtle, mollusk, crustacean, coral, sponge, echinoderms, their young and their
“living resources” includes fish and all other forms of aquatic life;
“Marine Officer” means any officer employed to the Customs and Excise Department. any game warden approved as such under the Wild Life Protection Act, any member or officer of the Jamaica Constabulary Force, any member or officer of the Jamaica Defence Force or any public officer designated a Fishery Inspector under the Fishing Industry Act and any other public officer designated a Marine Officer by the Minister;
“scheduled enactment” means-
(a) an enactment specified in the Schedule: or
(b) regulations made under an enactment so specified containing provisions regulating an activity which, for the time being having regard to the circumstances of the case, is required to be authorized by license;
“vessel” includes any canoe, lighter, floating platform, decked boat, carrier vessel, vessel equipped with inboard or outboard motor or any other sea-going vessel, whether surface craft or submarine; “Zone” means the Exclusive Economic Zone established under section 3.
3.(1) There is established beyond and adjacent to the territorial sea of Jamaica a Zone to be known as the Exclusive Economic Zone.
(2) The Zone shall have as its inner limit the boundary line of the seaward limit of the territorial sea and, subject to subsection (3), as its outer limit a boundary line which is at every point a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea is measured.
(3) Where the outer limit referred to in subsection (2) intersects the oute1 limit of the exclusive economic zone of any other State whose coasts are opposite or adjacent to Jamaica, delimitation of the boundaries of the Zone for Jamaica and that State shall be effected by agreement on the basis of international law as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution
4. In the Zone, there is vested in the Crown-
(a) sovereign rights in respect of-
(i) the exploration, exploitation, conservation, protection, and management of the natural
resources, whether living or non-living, of the waters superjacent to the sea-bed, and of the sea-bed and its subsoil;
(ii) all other activities for the economic exploitation and exploration of the Zone, including the production of energy from the water, currents, and winds;
(b) exclusive rights and jurisdiction in respect of the authorization and regulation of the construction, operation, maintenance and use of artificial islands, installations, and structures;
(c) jurisdiction in respect of-
(i) the authorization, regulation, and control of scientific research and the recovery of archaeological or historical objects;
(ii) the preservation and protection of the marine environment and the prevention and control of marine pollution; and
(d) all other rights and jurisdiction as are recognized by the Convention or by international law.
5. Subject to the provisions of this Act, all States have in the Zone the rights and duties of States as specified in the Convention with respect to the freedoms of navigation and overflight and of the laying of submarine cables and pipelines and other internationally lawful uses of the spa related to such freedoms.
Exploration for and Exploitation of Living and Non-Living Resources of the Zone
6.(1) No person shall within the Zone explore for or exploit any living resources thereof except, subject to section 11. under and in accordance with a license granted pursuant to the relevant scheduled enactment.
(2) No person shall use any vessel to explore for or exploit any living resources of the Zone unless subject to section 11, there is, in relation to that vessel, a license granted pursuant to the relevant scheduled enactment.
(3) Any person who contravenes subsection (1) or (2) commits an offense and is liable-
(a) on summary conviction in a Resident Magistrate’s Court to a fine not exceeding fifty thousand dollars; and
(b) on conviction on indictment in a Circuit Court to a fine not exceeding two hundred and fifty thousand dollars, and in the case of a second or subsequent offence to a fine not exceeding five hundred thousand dollars, and in addition, either such Court may order the forfeiture of any vessel, equipment or other device used in committing the offense
7.(1) No person shall within the Zone, except, subject to section 11. under and in accordance with a license granted pursuant to the relevant scheduled enactment-
(a) explore for or exploit any non-living resources thereof;
(b) carry out any search. excavation or any activity relating to the recovery of archaeological or historical objects;
(c) conduct any research, or
(d) carry out any economic activity.
(2) No person shall use any vessel to explore for or exploit any non-living resources of the Zone unless subject to section 11, there is in relation to that vessel a license granted pursuant to the relevant scheduled enactment
(3) Any person who contravenes subsection (1) commits an offense and is liable on conviction on indictment in a Circuit Court- (a) in the case of an individual-
(i) to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment;
(ii) in respect of a second or subsequent offence to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment, and, where the offense is a continuing one to a further fine of twenty-five thousand dollars per day for each day on which the offense continues after conviction;
(b) in the case of a body corporate-
(i) to a fine not exceeding five hundred thousand dollars;
(ii) in respect of a second or subsequent offence to a fine not exceeding one million dollars and, where the offense is a continuing one to a further fine of fifty thousand dollars per day for each day on which the offense continues after conviction, and, in addition, the Court may order the forfeiture of any vessel, equipment or other device used in committing the offense.
(4) Any person who contravenes subsection (2) commits an offense and is liable-
(a) on summary conviction in a Resident Magistrate’s Court-
(i) in the case of an individual to a fine, not exceeding fifty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment; and
(ii) in the case of a body corporate, to a fine not exceeding seventy-five thousand dollars; and
(b) on conviction on indictment in a Circuit Court-
(i) in the case of an individual to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment; and
(ii) in the case of a body corporate to a fine not exceeding five hundred thousand dollars, and, in addition, either such Court may order the forfeiture of the vessel.
8.(1) Subject to section 11, licenses for the exploration for or exploitation of the living or non-living resources of the Zone shall be granted in accordance with provisions relating to the grant of license contained in the relevant scheduled enactment and for that purpose the jurisdiction of any person or authority under the scheduled enactments shall extend to the Zone in like manner as if-
(a) the Zone constituted a part of the territorial sea of Jamaica; and
(b) any reference to Jamaica or this Island or any land in Jamaica included (other than for purpose of delineating the Zone) any artificial island, installation or structure established in the Zone.
(2) The penalties provided in this Act in relation to the exploration for or exploitation of living or non-living resources of the Zone without a license shall, notwithstanding anything contained in the scheduled enactments, have effect in lieu of any corresponding penalties in those enactments.
(3) Fees prescribed by regulations made under this Act for applications for license to explore for or exploit any living or non-living resources of the Zone shall, notwithstanding anything contained in the scheduled enactments, have effect in lieu of any corresponding fees in those enactments.
9.(1) The Minister may by order published in the Gazette extend the application of any enactment, with such exceptions and modifications as may be specified in the order, to the Zone or any part thereof; and an enactment so extended shall have effect in relation to the Zone as if that enactment had been enacted in this Act.
(2) An order under subsection (1) shall be subject to negative resolution.
10. For the purpose of giving effect to this Act the jurisdiction and powers of the Courts of Jamaica and officers thereof and of any constable or other person authorized to perform the duties of a constable shall extend to the Zone in like manner as if the Zone constituted a part of the territorial sea of Jamaica.
11.(1) Where the Minister thinks fit he may, by order published in the Gazette, provide that any license applicable to or within the Zone-
(a) shall not be issued without his concurrence, or
(b) shall only be issued or revoked in such circumstances and subject to such conditions as may be specified in the order.
(2) An order under subsection (1) shall make provision for the appointment of an advisory committee to advise the Minister in relation to licenses affecting the Zone
12.(1) Where under subsection (3) of section 6 or subsection (3) or (4) of section 7 a Court makes an order for the forfeiture of a vessel and any person is prejudiced by the making of that order, that person may make an application to that Court for the revocation of the order and, if the Court is satisfied that it is just so to do, the Court may, upon such terms and conditions, it' any, as it thinks fit. revoke the order.
(2) An application under subsection (1) shall be made within three months of the date of the order, so, however, that where the applicant satisfies the Court that, in the special circumstances of the case, it was not reasonably practicable for him to make such application within the period of three months, the time (whether expired or not) for making that application may be extended by the Court as it thinks fit.
Powers and Duties of Marine Officers
13. (1) A Marine Officer shall have, in the Zone, power
(a) board any vessel which he has reasonable cause to suspect is engaged in the exploration or exploitation of living or non-living resources and to search such vessel, fish, fishing gear or any other equipment on board thereof;
(b) require the master or person in charge of such vessel to produce his license;
(c) require the master or person in charge of such vessel to produce the license for such vessel;
(d) require the master or person in charge of such vessel to give an explanation concerning the activities of such vessel or any person on board such vessel;
(e) do all such other acts as he is authorized or required to do by this Act or by any regulations made thereunder.
(2) A Marine Officer may, within the Zone, with or without a warrant-
(a) seize any vessel, net, gear, tackle or other equipment which is being used by any person in committing an offense against this Act; or
(b) where, in respect of any vessel, he reasonably suspects that an offense has been committed against this Act-
(i) seize any cargo on the vessel, and
(ii) detain the master or person in charge of the vessel.
(3) Where a vessel, net, gear, tackle or other equipment is seized or a person detained under subsection (2), a Marine Officer shall, as soon as practicable thereafter, take all reasonable measures to ensure that the vessel, net, gear, tackle or other equipment is taken to the nearest convenient port and that the person detained is brought before a Resident Magistrate to answer a charge in connection with the offense that gave rise to the seizure or detention.
(4) A Marine Officer shall take all reasonable steps to ensure that any cargo seized is kept in good condition, so, however, that the Marine Officer may if he thinks it necessary, dispose of any cargo in order to avoid spoilage of that cargo.
(5) Where a Marine Officer seizes cargo, which at the time of seizure is spoilt, he shall, as soon as is convenient thereafter, dispose of the spoilt cargo.
(6) Where a Marine Officer disposes of cargo pursuant to subsection (4) or subsection (5) he shall issue a receipt to the master or person in charge of the vessel and the receipt shall state the date of disposal, the quantity and condition of cargo disposed of and the amount, if any, realized.
(7) A Marine Officer shall while on duty in the capacity of a Marine Officer have, exercise and enjoy all the powers, authority, privileges and immunities of a Constable under the Constabulary Force Act
14.(1) Where a vessel is seized or a person detained under subsection (2) of section 13, then- (a) in the case of a vessel which is not registered in Jamaica or of a person who is not a citizen of Jamaica, a Resident Magistrate shall determine, pending hearing of the charge, the amount of security (whether by way of bond or otherwise) to be given €or the release of the vessel or person and on the giving of such security the vessel or person shall be released;
(b) in the case of a vessel which is registered in Jamaica or a person who is a citizen of Jamaica, the Court shall determine, pending hearing of the charge, whether the vessel or person ought to be released and, if released, the amount of security to be given for such release.
(2) Where under subsection (2) of section 13 a vessel, net, gear, tackle or other equipment or any cargo is seized then-
(a) if the item seized has not been claimed within a period of thirty days of such seizure, a Resident Magistrate may order the forfeiture of that item; and
(b) upon the conviction of any person who permitted the use of, or is in charge of, any such item, the Court may, upon the application of the prosecution, order the forfeiture of any such item, if the Court is satisfied that-
(i) the item was used in the commission of the offense or was otherwise connected with the offense, and
(ii) the circumstances of the case are such that it is just so to order.
(3) Where a person is brought before a Resident Magistrate pursuant to subsection (3) of section 13 to answer a charge and is acquitted of the charge
(a) any item seized in connection with the alleged offense and not forfeited pursuant to subsection (2) (a) of this section shall be returned to him; and
(b) if any cargo which was in his possession at the time of detention has been disposed of pursuant to subsection (4) of section 13, the Resident Magistrate may order that he be paid compensation therefor in such amount as the Resident Magistrate considers just.
15.(1) Where any vessel which is not registered in Jamaica has been seized within the Zone by a Marine Officier, the Marine Officer making such seizure shall inform the appropriate authority of such seizure; and the appropriate authority of such seizure; authority shall ensure that a diplomatic or consular representative of the State of registration of the vessel is informed of such seizure and of the penalties, if any, imposed on such vessel and its occupants.
(2) In subsection (1) "appropriate authority" means the Minister responsible for foreign affairs or such other person as he may designate.
16. The proceeds of sale of any cargo disposed of under subsection (4) or subsection (5) of section 13 shall be paid into Court for credit to the Consolidated Fund, and if, in relation thereto, compensation is payable under paragraph (b) of subsection (3) of section I4 payment thereof shall be made by the Accountant-General
17. In any action or other legal proceedings brought against the Crown or any Marine Officer or person acting in his aid in respect of any act done in pursuance or execution or intended execution of this Act or the regulations the plaintiff shall not recover unless he alleges in his pleading and proves at the trial that such act was done either maliciously or without reasonable or probable cause.
General
18.(1) Any person who -
(a) refuses, neglects or fails to comply with any direction given to him by a Marine Officer for the purposes of this Act;
(b) subject to subsection (2), refuses or fails to produce any license under this Act which he is required by a Marine Officer to produce;
(c) refuses, without reasonable cause, to give any explanation which he is required by a Marine Officer to give for the purposes of this Act;
(d) assaults or obstructs any Marine Officer in the execution of his duty; or
(e) removes, alters or interferes with any article seized under section 13 without the authority of a Marine Officer, commits an offense and is liable on summary conviction before a Resident Magistrate to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.
(2) Where under subsection (1) (b) a person is unable to produce to a Marine Officer a license when so required but is able to satisfy the Marine Officer by other means as to his name, address, and identity. the Marine Officer may if otherwise satisfied as to the credentials of that person. permit him to produce such license in person within five days thereafter at such place as may be specified by the Marine Officer at the time its production was required. and if the license is so produced that person shall not be convicted of an offense under that subsection
19. (1) An act-
(a) committed in the Zone by a person. whether he . is or is not a citizen of Jamaica; and
(b) being of such a description as would. if committed on land in Jamaica. be punishable on indictment, is an offense. punishable on indictment in Jamaica in like manner. notwithstanding that it may have been committed on board . or by means of. a vessel the nationality or registration of which is not Jamaican. and the person who is reasonably suspected of having committed such offense may be arrested and may be tried or otherwise dealt with in reference to any charge against him in connection with that offense.
(2) For the purposes of this section all offenses under the Dangerous Drugs Act. whether or not they are only summary offenses, shall be treated as if they are offenses punishable on indictment
(3) For the purposes of arresting any person charged with an offense declared by subsection (1) to be punishable in Jamaica, the Zone shall be deemed to be within the jurisdiction of any person authorized by law for the time being in force in Jamaica to arrest persons acting in breach of the law or to issue warrants for the arrest of any person charged with any offense.
(4) Nothing in this section shall-
(a) restrict or prejudice the exercise of any powers or authority by, for or on behalf of, or in the name or service of, Her Majesty in right of Her Government of Jamaica pursuant to international law;
(b) abrogate or abridge any criminal jurisdiction conferred on any court by virtue of any provision contained in any law in force for the time being in Jamaica;
(c) preclude any act of piracy from being tried or otherwise dealt with pursuant to any law in force for the time being in Jamaica.
(5) No prosecution for an offence punishable under subsection (1) shall be instituted except by or with the consent of the Director of Public Prosecutions : Provided that this subsection shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offense, or the remanding in custody or on bail of any person charged with such an offense.
(6) Notwithstanding any provision to the contrary in any other enactment, proceedings against any person for an offense declared under subsection (1), to be punishable in Jamaica may be commenced before a Resident Magistrate having jurisdiction in the parish where that person is for the time being, and, for all incidental and consequential purposes, the offense shall be deemed to have been committed within the boundaries of that parish.
20. (1) The Minister may from time to time amend the Schedule by order published in the Gazette
(2) An order under subsection (1) shall be subject to negative resolution
21. The Minister may make regulations for the purpose of giving effect to the provisions of this Act, and, in particular, but without prejudice to the generality of the foregoing, may make regulations for-
(a) charts to be officially recognized as indicating baselines or boundaries of the Zone, and the admission in evidence of such charts or copies thereof certified in the prescribed manner;
(b) defining the limits of the Zone whether by way of such charts as aforesaid or otherwise;
(c) regulating the construction, maintenance, and removal of artificial islands, installations, and structures;
(d) the establishment of safety zones around artificial islands, installations, and structures; (e) regulating customs, fiscal, health, safety and immigration matters on artificial islands, installations, and structures;
(f) regulating the steps to be taken to inform interested parties of the arrest or detention of any foreign vessel and the imposition of penalties thereon;
(g) determining the nationality of vessels for the purposes of any provisions of the regulations;
(h) regulating any activity relating to the economic exploration or exploitation of the Zone;
(i) regulating the authorization, control and supervision of scientific research in the Zone and the recovery of archaeological and historical objects;
(j) the preservation and protection of the marine environment and the prevention and control of marine pollution;
(k) determining the terms and conditions of joint ventures or other cooperative arrangements to be implemented in the Zone;
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