Territorial Sea and Exclusive Economic Zone of Namibia ActNo. 3 of 1990

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    GOVERNMENT G ZETTEOF THE

    REPUBLIC OF N MIBI

    WINDHOEK - June 1990

    ONTENTS

    GOVERNMENT NOTICE

    No. 7 Promulgation ofTerritorial Sea and Exclusive Economic Zone of Namibia Act,

    No.7

    1990 Act 3 of 1990 . of the National Assembly .............................................. .

    Government Notice

    OFFICE OF THE PRIME MINISTER

    PROMULGATION OF ACT OFTHE NATIONAL ASSEMBLY

    age

    1990

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

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

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    Act No.3, 1990

    Definitions.

    Territorial sea ofNamibia.

    Government Gazette June 199 No. 28

    TERRITORIAL SEA AND EXCLUSIVEECONOMIC ZONE OF NAMIBIA ACT, 1990

    EXPLANATORY NOTE:

    Words underlined with solid line indicateinsertions proposed.

    [ ] Words in bold type in square brackets indicateomissions proposed.

    ACT

    To determine and define the territorial sea, internalwaters, exclusive economic zone and continental shelfof Namibia; and to provide for matters incidental

    thereto.

    Signed y the President on 6 June 1990)

    BE IT ENACTED by the National Assembly of theRepublic 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, I982, adopted on 30 April I982 by theUnited Nations Conference on the Law of the Sea;

    low water line means the line of lowest astronomicaltide;

    Namibia means the Republic of Namibia as defined inArticle I ( 4) ofthe Namibian Constitution, and in relationto any right or power, the authority in which the right orpower in question or a right or power of the nature inquestion is vested;

    nautical mile means the international nautical mile ofI 852 metres.

    2. (I) The sea within a distance of I2 nautical milesmeasured from the low water line shall e the territorial seaof Namibia.

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

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    Internal waters ofNamibia.

    Exclusive economic zoneof Namibia.

    Government Gazette June 199

    TERRITORIAL SEA AND EXCLUSIVEECONOMIC ZONE OF NAMIBIA ACT, 1990

    to the said internat ional rules, base lines other thanthe low water line from which the 12 nautical milescontemplated in subsection 1) are to be measured,may be recognized by Namibia;

    b) Any base line referred to in this section may bemarked or indicated by appropriate symbols onscale charts officially recognized by Namibia;

    c) In any proceedings before a court of law any chartreferred to in paragraph b), shall be prim f cieevidence of the matters referred to therein.

    3) Any law in force in Namibia at the commencementof this Act relating to territorial waters or to the sea withina specified distance but less than 12 nautical miles from thelow water mark, shall apply within the territorial sea ofNamibia, and any reference in any such law to theterritorial waters or low water mark shall be deemed tobe a reference to the territorial sea or low water line asdefined in this Act, respectively.

    3. 1) The waters landward from its low water line orany other base line from which the territorial sea was

    measured, shall form part of the internal waters ofNamibia.

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

    4. 1 The sea outside the territoria l sea of Namibia butwithin a distance of two hundred nautical miles from thelow water line or any other base line from which theterritorial sea was measured shall constitute the exclusive

    economic zone of Namibia.

    2) In determining the extent of the exclusive economic zone the provisions of section 2 2) shall mut tismut ndis apply.

    3) Within the exclusive economic zone -

    a) any law of Namibia which relates to the exploitation 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

    Delimitation of territorialsea or exclusive economiczone.

    Continental shelf ofNamibia.

    Government Gazette II June 1990 No. 8

    TERRITORIAL SEA AND EXCLUSIVEECONOMIC ZONE OF NAMIBIA ACT, 1990

    (b) Namibia shall have the right to exercise any powerswhich it may consider necessary to prevent the

    contravention of any fiscal law or any law relating tocustoms, immigration, health or the natural resources of the sea.

    (4) Any law in force in Namibia at the commencementof this Act relating to any fishing zone, shall apply withinthe exclusive economic zone of Namibia, and any reference in any such law to any fishing zone shall be deemedto be a reference to the exclusive economic zone as definedin this Act.

    5. If in determining the extent of the territorial sea orexclusive economic zone of Namibia or after having sodetermined it, it infringes or overlaps with the territorialsea, exclusive economic zone or any other maritime zone,as the case may be, of any other State, the extent of theterritoria l sea or exclusive economic zone of Namibia maybe determined or altered by agreement with the Stateconcerned, and pending the conclusion of such an agreement or if no such agreement can be reached, the extent ofthe territorial sea or exclusive economic zone of Namibia,as the case may be, may be determined or altered byNamibia as it deems fit.

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

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

    (a) the exploitat ion of the natural resources of the sea;and

    (b) any provtswn of any law relating to mmmg,precious stones, metals or minerals, includingnatural oil, which applies in that part of Namibiawhich adjoins the continental shelf,

    be deemed to be State land.

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    Act No.3, 1990

    Repeal or amendment oflaws.

    Short title and com-mencement.

    No. and Year

    Act 58 of 1973.

    Government Gazette II June 1990 5

    TERRITORIAL SEA AND EXCLUSIVEECONOMIC ZONE OF NAMIBIA ACT, 1990

    7. The laws specified in the Schedule are hereby repealed or amended to the extent set out in the third column

    of the Schedule.

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

    S C H E D U L E

    LAWS REPEALED OR AMENDED

    (Section 7

    Short title

    Sea Fisheries Act,1973.

    Extent of repeal of amendment

    (a) The substitution for section 17 of the following section:

    Forfeitureand seizure.

    17. I) The court convicting any person of anyoffence in terms of thisAct may, in addition toany other penalty it mayimpose, dec lare any fish,sea-weed, shells or implement or any fishingboat or other vessel orvehicle in respect ofwhich the offence wascommitted or which wasused in connection withthe commission thereof,or any rights of the convicted person thereto, tobe forfeited to the State,and cancel or suspendfor such period as thecourt may think fit, anyregistration done in respect of the convictedperson or any licence orpermit issued or grantedto such person in termsof this Act: Provided

    that such a declarationof forfeiture shall not

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    Act No.3, 199

    Government Gazette II June 1990 No. 28

    TERRITORIAL SEA AND EXCLUSIVEECONOMIC ZONE OF NAMIBIA ACT 199

    affect any rights whichany person other thanthe convicted person

    may have to such imple-ment, boat, vessel or ve-hicle, if it is proved thatsuch other person tookall reasonable steps toprevent the use thereof inconnection with the of-fence.

    (2) The provisionsof section 35 (3) and (4)of the Criminal Proce-dure Act, 977 (Act 5 of

    1977), shall mut t i smut ndis apply in re-spect of any such rights.

    (3) Any fish, sea-weed, shells, boat, vessel,vehicle or implement orany right thereto for-feited to the State underthe provisions of thissection or section 6 (6),may be sold or destroyedor may be dealt with in

    such other mann er as thePresident may direct.

    (b) the amendment of section 22A-

    (i) by the substi tution in subsection (4) forthe amount R50 000 of the wordsone million rand ;

    (ii) by the deletion in subsection (4) of theexpression or to imprisonment for aperiod not exceeding 7 years or to bothsuch fine and such imprisonment. ;and

    (iii) by the substi tut ion for subsection (5) ofthe following subsection:

    (5) a The President rna b noticein the azette make regulationsin respect of vessels authorized interms of subsection (2), relatingto any of the matters referredto in sections I 0 I), II (a), (b)

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    Act No.3, 1990

    Proclamation AG.32 of 1979.

    Government Gazette II June 1990

    TERRITORIAL SEA AND EXCLUSIVEECONOMIC ZONE OF NAMIBIA ACT, 1990

    Territorial Watersof South West Afri-ca Proclamation,1979.

    and e) and 13 I) a), c), d), (f),g), h), i), j), 1), m) and n)

    of this Act.

    b) Different regula t ions mayunder paragraph a) be made inrespect of different vessels orvessels of different foreign Statesor in respect of different speciesof fish or fish products.

    c) Any person using a vesselauthorized in terms of subsection2) in contravention of or with-

    out complying with any regula-tion referred to in paragraph a)of this subsecti on, shall be guiltyof an offence and liable on con-viction to the penalty prescribedin subsection 4 ). .

    The repeal of the whole.

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