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斐济大陆架法
【发布部门】斐济国会 【发文字号】
【发布日期】1971年04月16日 【实施日期】1971年04月16日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】联合国海洋事务和海洋法司网站

斐济大陆架法

【法律沿革】

本法于1970年12月30日颁布实施,于1971年4月16日公布具体适用区域。

【内容介绍】

内容包括概念、适用区域、勘探开发、适用法律、安全区、航行安全、油污及执法、诉讼等均有规范。

【内容出处】

http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/FJI_1970_Act.pdf.

《大陆架法》(Continental Shelf Act)

No.9 of 30 December 1970

...

2. Interpretation

In this Act, unless the context otherwise requires:

"Continental Shelf" means the sea-bed and subsoil of thosesubmarine areas adjacent to the coasts of the islands ofFiji, but beyond theterritorial limits of Fiji, to a depth of two hundred metres below the surfaceof the sea, or beyondthat limit, to where the depth of the superjacent watersadmits of exploitation of the natural resources of those areas;

"Designated area" means an area designated by an order madeunder the provisions of subsection (2) of the nextsucceeding section;

"Installation or device" means any installation, or equipment orother property whatsoever that is constructed,erected or placed in a designatedarea for the purpose of the exploration of the sea-bed or subsoil or theexploitationof the natural resources thereof;

...

"Natural resources" means:

(a) The mineral and other natural non-living resources of the sea-bed andsubsoil; and

(b) Living organisms belonging to sedentary species, that is to sayorganisms which at the harvestable stage, eitherare immobile on or under thesea-bed or are unable to move except in constant physical contact with thesea-bed orsubsoil;

"Petroleum" means:

(a) Any naturally occurring hydrocarbon, whether in a gaseous, liquid orsolid state;

(b) Any naturally occurring mixture of hydrocarbons, whether in a gaseous,liquid or solid state; or

(c) Any naturally occurring mixture of one or more hydrocarbons, whetherin a gaseous, liquid or solid state, andone or more of the following, that isto say, hydrogen sulphide, nitrogen, helium and carbon dioxide, and includesanypetroleum as defined in paragraph (a), (b), or (c) of this definition that hasbeen returned to a natural reservoir.

3. Exploration and exploitation of continental shelf

(1) All rights exercisable with respect to the continental shelfappertaining to Fiji and its natural resourcesfor the purpose of exploring thatshelf and exploiting those resources are hereby vested in the Crown.

(2) The Minister may from time to time by order designate any areacomprising:

(a) Areas within the territorial limits of Fiji; and

(b) Areas of superjacent waters of the continental shelf,, as being anarea to which the provisions of this Act applyand, in respect of any areas ofsuperjacent waters of the continental shelf included therein, within which therightsreferred to in the last preceding subsection are exercisable.

(3) In relation to:

(a) Any petroleum with respect to which any rights referred to insubsection (1) of this section are exercisable; theprovisions of any Act forthe time being in force relating to the exploration for, and exploitation of,petroleum in Fiji;

(b) Any minerals with respect to which any rights referred to insubsection (1) of this section are exercisable; theprovisions of any Act forthe time being in force relating to mining in Fiji; and

(c) Any sedentary species of shell-fish or sponges as to which any rightsreferred to in subsection (1) of thissection are exercisable; the provisions ofany Act for the time being in force relating to fisheries in Fiji, as far astheyare applicable and with any necessary modifications shall, subject to theprovisions of this Act and of any order madeunder the provisions of the nextsucceeding subsection, apply with respect to petroleum, minerals andsedentaryspecies of shell-fish or sponges respectively in or on the continentalshelf within a designated area as if:

(i) Every reference to Fiji in any of those Acts included reference to thecontinental shelf within that designatedarea;

(ii) Every reference to land in any of the Acts referred to in paragraph(a) or (b) of this subsection, included areference to the continental shelfwithin that designated area; and

(iii) Every reference to the territorial waters of Fiji in any Act referredto in paragraph (c) of this subsection,included a reference to the continentalshelf and to the waters of the sea above that shelf within that designatedarea.

(4) The Minister may from time to time by order modify or exclude any ofthe provisions of any of the Actsreferred to in the last preceding subsectionto such extent as may be necessary for the purpose of giving full effect totheprovisions of that subsection.

4. Application of laws

(1) Subject to the provisions of this Act the provisions of all laws forthe time being in force in Fiji and allinstruments having effect under any suchlaws (hereinafter in this Act referred to as the ("appliedprovisions") shallapply as provided by this section, to the superjacentwaters of the continental shelf within every designated area as ifsuch waterswere part of Fiji.

(2) The applied provisions shall apply to and in relation to all acts,omissions, matters, circumstances andthings touching, concerning, arising outof or connected with the exploration of the continental shelf in adesignatedarea and the exploitation of the natural resources of that shelf.

(3) Without limiting the operation of the last preceding subsection theapplied provisions shall apply;

(a) To and in relation to:

(i) Any act or omission that takes place in, on, above, below or in thevicinity of; and(ii) Any matter, circumstance or thing that exists or ariseswith respect to or in connexion with,Any installation or device that is in adesignated area for any reason touching, concerning, arising out of orconnectedwith the exploration of the continental shelf in that designated area or theexploitation of the naturalresources of that shelf;

(b) To and in relation to any person:

(i) Who is in, on, above, below or in the vicinity of any such installationor device; or

(ii) Who is in a designated area for any reason touching, concerning,arising out of or connected with theexploration of the continental shelf in adesignated area or the exploitation of the natural resources of that shelf; or

(iii) In respect of his carrying on any operation or doing any work in adesignated area for any reason of the kindreferred to in the last precedingsubparagraph.

(4) For the purposes of this section a law shall be taken to be a law inforce in Fiji notwithstanding that thatlaw applies to part only of Fiji.

(5) Subject to the provisions of the two next succeeding subsectionsjurisdiction is conferred on the severalcourts of Fiji in all matters arisingunder the applied provisions.

...

5. Application of customs laws

Without limiting the provisions of any law relating to the Customs, everyinstallation or device, and anymaterials or parts used in the construction ofan installation or device, which is brought into a designated area fromany portor place beyond the seas shall be deemed to have been imported into Fiji whenthe installation or device isconstructed, erected or placed in, on or above thesea-bed within such designated area in connection with theexploration of thesea-bed or subsoil or the exploitation of the natural resources thereof.

6. Safety zones for protection of installations in designated areas

(1) The Minister may, for the purpose of protecting any installation ordevice in any designated area, byorder prohibit ships, subject to anyexceptions provided by such order, from entering or remaining in anyareaspecified in such order (hereinafter in this Act referred to as a"safety zone") without the permission of the Minister.

(2) A safety zone specified in an order made under the provisions of thelast preceding subsection mayextend to a distance of five hundred metres aroundthe installation or device specified in such order measured fromeach point ofthe outer edge of the installation or device.

(3) If any ship enters or remains in any part of a safety zone incontravention of an order made under thissection, the owner or master of suchship shall be guilty of an offence and shall be liable to a fine not exceedingonethousand dollars or to imprisonment for a period not exceeding six months orto both such fine and imprisonmentunless he proves that the prohibition wasnot, and could not on reasonable inquiry have become, known to themaster.

7. Safety of navigation

(1) No person shall without the consent in writing of the Minister in anydesignated area:

(a) Construct, alter or improve any works on, under or over any part ofthe sea-bed; or

(b) Remove any object or any material from any part of the sea-bed in suchmanner that any obstruction or dangerto navigation is caused or is likely toarise.

...

(3) If the Minister is of the opinion that any operation in respect ofwhich an application is made to himunder the provisions of this section willcause or is likely to cause any obstruction or danger to navigation hemayeither refuse his consent or may give his consent subject to such conditionsas he thinks fit having regard to thenature and extent of the obstruction ordanger which appears to him would otherwise be caused or be likely to result.

...

8. Enforcement

(1) Any person who:

(a) Carries out any operation in contravention of the provisions ofsubsection (1) of the last preceding section; or

(b) Fails to comply with any condition subject to which the consent of theMinister has been given under thatsection,shall be guilty of an offence andliable to a fine not exceeding three thousand dollars.

(2) Without prejudice to any proceedings under the provisions of the lastpreceding subsection, where anyperson has constructed, altered or improved anyworks in contravention of the provisions of the last precedingsection or hasfailed to comply with any condition subject to which the consent of theMinister was given under thatsection, the Minister may serve a notice on suchperson requiring him within such period, not being less than thirtydays, as maybe specified in the notice, or if it appears to the Minister urgently necessaryso to do, the Minister mayhimself arrange for the works to be removed oraltered, as the case may be.

(3) If within the period specified in any notice served under theprovisions of the last preceding subsectionthe person upon whom the notice isserved fails to comply therewith, the Minister may himself arrange for theworksto be removed or altered, as the case may be.

(4) In any case in which the Minister, exercising the powers conferred byeither of the two last precedingsubsections, arranges for the works to beremoved or altered he shall be entitled to recover as a civil debt theexpensesthereof, as certified by him, from the person by whom the works wereconstructed, altered or improved.

9. Discharge of oil

(1) If in any designated area any oil to which the provisions of thissection apply or any mixture containingnot less than one hundred parts of suchoil in a million parts of the mixture is discharged or escapes into any partofthe sea:

(a) From a pipeline; or

(b) As a result of any operations for the exploration of the sea-bed orsubsoil or the exploitation of the naturalresources thereof in a designatedarea,the owner of the pipeline or, as the case may be, the person carrying onthe operations, shall be guilty of an offenceunless he proves, in the case of adischarge from a place in his occupation, that it was due to the act of aperson whowas there without his permission, express or implied, or, in the caseof an escape, that he took all reasonable care to prevent it and that as soonas practicable after it was discovered all reasonable steps were taken forstopping orreducing it.

(2) The provisions of this section apply to crude oil, fuel oil,lubricating oil and heavy diesel oil, as the samemay be defined by the Ministerby order made under the provisions of this section, and to any otherdescription of oilwhich may be so defined by the Minister having regard to thepersistent character of that oil and the likelihood that itwould causepollution if discharged or allowed to escape into the sea.

(3) Any person guilty of an offence under the provisions of this sectionshall be liable, on conviction, to afine of three thousand dollars.

...

11. Prosecution of offences

(1) Proceedings for any offence under this Act (including an offence underany of the applied provisions)may be taken, and such offence may for allincidental purposes be treated as having been committed, in any place inFiji.

(2) Where a body corporate is guilty of such an offence and the offence isproved to have been committedwith the consent or connivance of, or to beattributable to any neglect on the part of, any director, manager, secretaryorother similar officer of the body corporate or any person who was purporting toact in any such capacity he, aswell as the body corporate, shall be guilty ofthe offence and shall be liable to be proceeded against andpunishedaccordingly.

(3) For the purposes of the last preceding subsection,"director" in relation to any statutory corporation, theaffairs ofwhich are managed by its members, means a member of that corporation.

...

 

Continental ShelfAct, 1970;Designation of Area Order of 16 April 1971by Minister for NaturalResources


In exercise of the powers conferred upon me by subsection (2) of section 3of the Continental Shelf Act, 1970,I have designed the area lying betweenlatitudes 15 degrees 30 minutes south and 21 degrees 30 minutes southascontained by meridians of longitude 176 degrees 30 minutes east and 178degrees west as being an area to which theprovisions of that Act apply and, inrespect of any areas of superjacent waters of the continental shelfincludedtherein, within which the rights referred to in subsection (1) ofsection 3 of that Act are exercisable.


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