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安提瓜和巴布达领海法
Territorial Waters Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】1982年08月17日 【实施日期】1982年08月17日
【时效性】现行有效 【效力级别】法律
【法规类别】安提瓜和巴布达法规规划 【来源】联合国粮农组织网站

安提瓜和巴布达领海法

【法律沿革】

本法由议会制定,并于1982年7月19日生效。

【内容介绍】

本法规定了安提瓜和巴布达以及雷东达的边界,规定了毗连区、专属经济和渔业区及其相关事务等。共计24条,并含1个附件。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC001010


领海法(1982)(Territorial Waters Act, 1982)

ANTIGUAAND BARBUDA

No18 of 1982.

AnAct to provide for the extension of the limits or the territorial waters ofAntigua and Barbuda and Redonda, to make provisions for contiguous, exclusiveeconomic and fishery zones and for matters connected therewith or incidentalthereto ,

ONPROCLAMATION

ENACTEDby tne Parliament of Antigua and Barbuda as follows-

Shorttitle.

1.ThisAct may be cited u the Territorial Waters Act, 1982.

2.In this Act—

"baselines"means the baselines of the territorial waters specified in or prescribed undersection 4;

"CompetentAuthority" means the Minister or any person designated by him as theCompetent Authority for the purposes of this Act:

"exclusiveeconomic zone" means the exclusive economic zone of Antigua and Barbudaand Redonda as defined in section 7;

“fisheryzone” means the fishery zone of Antigua and Barbuda and Redonda as defined insection 8;

"foreignship" means the ship of a foreign state;

"foreignstate" means a state other than Antigua and Barbuda;

"innocentpassage" means passage which is not deemed to be prejudicial to the peace,good order or security of Antigua and Barbuda;

"Internalwaters" means the internal waters of Antigua and Barbuda and Redonda asdefined in section 5;

"low-waterline" means the low-water line of the coasts of Antigua and Barbuda andRedonda at mean low-water spring tide;

"Minister"means the Minister responsible for External Affairs:

"nauticalmile" means the international nautical mile:

"passage"means the navigation of a ship in territorial waters without stopping or hovering,but includes stopping, hovering and anchoring in so far as the same arerendered necessary by force majeure or by reason of distress or for tbe purposeof affording assistance to persons, ships aircraft in danger or distress;

"ship"includes vessel, boat or sea-craft of any kind;

"submarineareas" includes the sea-bed and subsoil thereof;

"territorialwaters". means lhe territorial waters of Antigua and Barbuda and Redondaas defined in section 3.

Limitsof Territorial Waters.

3.(1) Subject to the provisions of subsections (2), (3), (4). (5) and (6), ofthis section, the territorial waters of Antigua and Barbuda and Redondacomprise those areas of the sea, having as their landward limit the baselinespecified by section 4 or prescribed under that section, as the case may be,and as there seaward limit a boundary line which at every point is a distanceof twelve-nautical miles or such other distance from the nearest point of thosebaselines as the Minister by order prescribes.

(2)The Minister may by order prescribe that by reason of historical, geographicalor other special circumstances as respects Antigua and Barbuda and any foreignstate, the territorial waters shall not be deemed to extend beyond the mediantine. that is to say, a tine every point of which is equidistant from thenearest points of the baselines and the corresponding baselines of the foreignstate concerned.

(3)No order may be made under subsection (2) unless, before that order is made,agreement has been reached in terms of the provisions of subsection (2),between Antigua. and Barbuda and the foreign state concerned.

(4)Notwithstanding the 'provisions of any other law, there shall be provision inevery order made under subsection (2) that, pursuant to agreement as insubsection (3), a law in terms similar to the provisions of the order—_

(i)forms part of the law of the foreign state concerned at the date upon which theorder is made; or

(ii)will form part of the law of that foreign state upon such date as is specifiedin the order being a date subsequent to the date upon which the order is made.

(5)Where an order under subsection(2) makes provision as in subsection (4) (i),that order shall come into operation as law in Antigua and Barbuda on the dateupon which it is published in the Gazette; and where such an order makesprovision as in subsection (4) (ii), it shall come into operation as law inAntigua and Barbuda on the date specified in the order as being the date uponwhich a law of the foreign state concerned in terms similar to the provisionsof the order will form part of the law of that foreign state,

(6)An order made under and by virtue of subsection (2) shall, unless previouslyrevoked, cease to have effect as law in Antigua and Barbuda at the same time asany similar" law as above in this section of any foreign state concernedceases to have effect as law in that foreign state.

.(7) The territorial waters including the submarine areas thereof form part ofthe territory of Antigua and Barbuda.

(8)An order made under this section shall be subject to affirmative resolution ofthe Legislature and shall be judicially noticed.

Baselinesof territorial Waters.

4.(1)Subject to subsection (2), the low water line along the coasts of Antigua andBarbuda and Redonda shall be the baselines of the territorial waters.

(2)The Minister may, in the place of the baselines referred to in subsection (1),by order prescribe other baselines making use of a mixture of straight linesdrawn from points on the coasts of Antigua and Barbuda and Redonda and the lowwater line.

(3)Where baselines are prescribed under subsection (2) the Minister shall causethe baselines together with the seaward boundary of the territorial waters tobe marked on a scaled map or chart and such map or chart shall be judiciallynoticed for an purposes of the law as indicating the baselines from which theterritorial waters shall be measured and the boundaries breadth and limit ofthe territorial waters.

(4)TheMinister shall make provision for the safe custody of the map or chart referredto in subsection(3) and shall by notice specify the place where it may be opento inspection by the public and the place where certified copies thereof may beobtained.

(5)For the purposes of this Act, permanent harbour works which form a part of theharbour, dock or port system of Antigua and Barbuda shall be treated as formingpart of the coasts of of Antigua and. Barbuda and Redonda.

Internalwaters.

Theareas of the sea which are on the landward side of the baselines specified insection 4 or prescribed under that section, as the case may be, are theinternal water and, together with the submarine areas thereof, form part of theterritory of Antigua and Barbuda.

Contiguouszone.

6.(1) The contiguous zone to the territorial water comprises those area of thesea that are contiguous to the territorial waters, having as their seawardlimit a boundary line which at every point is a distance of twenty-fournautical miles or such other distance from the nearest point of the baselines asthe Minister by order prescribes.

(2)It shall be lawful for Government to exercise within the contiguous zone suchsovereign rights as Government may, from time to time, deem necessary toprevent the infringement of any customs, fiscal, immigration, or sanitary lawboth within Antigua and Barbuda and the territorial waters.

Exclusiveeconomic zone.

7.The exclusive economic zone comprises those areas of the sea and of thesubmarine area that are beyond and to the territorial waters, having as theirsea ward limit a boundary line which at every point is a distance of  two hundred nautical miles or such otherdistance from the nearest point of the baselines as the Minister by orderprescribes.

Fisheryzone.

8.The fishery zone comprises those areas of the sea that are beyond and adjacentto the territorial waters, having as their seaward limit a boundary line whichat every point is a distance of two hundred nautical miles or such otherdistance from the nearest point of the baselines as the Minister by orderprescribes.

Jurisdictionis territorial waters.

9.Antiguaand Barbuda shall exercise sovereignty in and over the territorial waters andthe territorial waters and such sovereignty shall extend to the submarine areasthereof.

Jurisdictionin exclusive economic zone.

10.In the exclusive economic zone Antigua and Barbuda shall, subject tointernational law, exercise:-

(a)sovereignrights for the purpose of exploration, exploitation, conservation andmanagement of the natural resources, both living and non-living, of theexclusive economic zone and well as sovereign rights with regard to producingenergy from tides, winds and exclusive economic zone;

(b)jurisdiction with regard to—

(i)the establishment and use or artificial islands, installations and structures;

(ii)marine scientific research, and

(iii)theprotection and preservation of the marine environment; and

(c)such other rights and duties for which provision is made by international law.

Jurisdictionin fishery zone.

11.In the fishery zone Antigua and Barbuda sha11 exercise the sovereign right andexclusive authority to explore and exploit, conserve and manage the fisheryresources of the fishery zone and the submarine areas thereof in accordancewith international law.

Internationalactivities in exclusive economic zone.

12.Antigua and Barbuda. Recognizes the freedom of navigation and of the laying ofsubmarine cables and pipelines and other related activities within theexclusive economic zone in accordance with the principles, practice and provisionsof international law.

Negotiatingmaritime boundaries.

13.Where the sea or waters of any foreign state are adjacent or opposite to theterritorial waters or the exclusive economic zone and there is any dispute,difference or disagreement between that foreign state and Government concerningany matter or thing relating to the seaward limits of the territorial waters orthe exclusive economic zone, it shall be lawful for Government to enter intonegotiations with that foreign state with a view to resolving or otherwisesettling such dispute, difference or disagreement.

Entitlementto right of innocent passage.

14.(1) Subject to subsection (2) and section 15 (1), a foreign ship shall beentitled to enjoy the right of innocent passage in territorial waters.

(2) Aforeign ship of war shall not navigate in territorial waters without the priorpermission of the Competent Authority obtained by the State to which the shipbelongs.

15.(1) Subject to subsection (2), the passage of R foreign ship shall be deemed tobe prejudicial to the peace, good order or security of Antigua and Barbuda if,without the prior permission of the Competent Authority obtained by the captainor person in charge of the ship, the ship while in territorial waters, engagesin any of the following activities:

(a)exercises or practises with weaponry of any kind;

(b)any act aimed at collecting information relating to the defence, security oreconomic or social conditions and circumstances of Antigua and Barbuda;

(c)the taking on board or off-loading of any person, commodity or currency inbreach of any law relating to exchange control, customs, immigration, health ordrugs and therapeutic substances; .

(d)any Act of polution calculated to or likely to cause damage or harm to Antiguaand Barbuda, its resources or its marine environment:

(e)fishing or extracting living or non-living resources;

(f)the carrying out of research of whatever kind or survey activities:

(g)anyact aimed at interfering with any system of communication or telecommunicationwhether such system is on land, on the sea or under it;

(h)being a submarine or other underwater ship, underwater navigation:

(i)any other activity no: having a direct bearing on passage.

(2)The passage of a foreign ship of war in territorial waters shall be deemed tobe prejudicial to the peace, good order or security of Antigua and Barbuda ifthe ship navigates in territorial waters without the permission required bysection 14(2).

Powerof police and authorised persons.

16.(1) Where a foreign ship engages in any of the activities specified in section15(1) or where a member of the Police Force orperson authorised by lhe Mmisterín writing peesons, suspects upon reasonable grounds that a foreign ship isengaged in any such activity, such member of the Police Force or authorisedperson may—

(a)stop and board the offending ship for the purpose of carrying out enquiries andinvestigations;

(b)without a warrant arrest the offending ship and bring it to a port in. Antiguaand Barbuda;

(c)withouta warrant arrest the captain and any person on board the ship participating inthe activity of the ship which is deemed to be prejudicial to the peace, goodorder or security of Antigua and Barbuda.

(2)Where the passage of a foreign ship is deemed to be prejudicial to the peace,good order or security of Antigua and Barbuda, the captain or other person incharge of such ship and any person participating in the activities of the shipwhich is deemed to be so prejudicial, is guilty of an offence under this Act.

Immunity.

17.(l) Where the passage of a foreign snip is deemed to be prejudicial to thepeace, good order or security of Antigua and Barbuda and the ship or any personon board there of who participates in the activity which is deemed to beprejudicial is entitled to state or other immunity recognised by law, the flagstate of such ship and the state of nationality of such person shall be deemedto bear international responsibility for the activity of the ship.

(2)Wherethe flag state of a ship or the state of nationality of a person is deemed tobear international responsibility under this section, the Minister shall takeall steps possible to obtain redress under international law.

Jurisdiction.

18.(1)Forthe purposes of the exercise of the jurisdiction of the courts of Antigua andBarbuda, the territory of Antigua and Barbuda shall include the internal watersand the territorial waters.

(2)Whereany of offence punishable on summary conviction in committed or suspended tohave been committed within or in relation to the internal waters or theterritorial waters, the offence may be dealt with and determined by amagistrate appointed to any magisterial District, and such magistrate shallhave and exercise all the powers, privileges, rights and jurisdiction as areconferred on him by the Magistrate's Code of Procedure Act.

(3)Thequasi-criminal and the civil jurisdiction conferred on a magistrate by theMagistrate Code of Procedure Act shall in relation to the internal waters andthe territorial waters be exercised by a magistrate appointed to anymagisterial District.

(4)The jurisdiction conferred on any court under this Act shall be withoutprejudice to any jurisdiction conferred on or exercisable by such court apartfrom this Act.

Regulations.

19.(1)The Minister may make regulations—

(a)for the safety of navigation and the regulation of marine traffic;

(b)for the conservation of the living resources of the sea;

(c)for the preservation of the marine environment of Antigua and Barbuda and theprevention and control of pollution thereto;

(d)for the regulation of fishing;

(e)relating to the grant of permits and the conditions to be attached thereto forfishing by nationals of foreign states and by means of foreign ships; .

(f)for the inspection and admission in evidence before the courts of the chart ormap to which section 4 refers or any part thereof';

(g)prescribing the fees to be paid for permits granted in accordance withregulations made under paragraph(e);

(h)generally. for regulating the use of the internal waters and the territorialwaters including prescribing the fees to be paid for any activity in relationthereto;

 (i) providing for the forfeiture to the Crownof any ship engaged, or any equipment used, in any of the activities specifiedin section 15;and

(j)annexing to the contravention of any regulation made under this section apunishment on summary conviction of a fine of $5,000 or of imprisonment for aterm of 2 years or both.

(2)Regulations made under this section shall be subject to affirmative resolutionof the Legislature and shall be judicially noticed,

Offence.

20.(1) A person who assault or obstructs a person acting under the authority ofthis Act or the regulations is guilty or an offence under this Act.

(2) Aperson who is guilty of an offence under subsection (l) or section 16 (2) isliable,—

(a) aconviction on indictment to a fine of $10,000 or imprisonment for a term of 5years or both; or

(b)on summary conviction to a fine of $5,000 or imprisonment for a term of 2 yearsor both.

(3)The court may in addition to any penalty which it may impose under this sectionfor an offence under section 16 (2), order the forfeiture to the Crown of anyship engaged, or equipment used, in any activity which is the subject of theoffence.

Bindingof the Crown.

21.This Act binds the Crown.

Applicationof laws.

22.(1)Any reference in an enactment or law having effect as a part of the law ofAntigua and Barbuda prior to the commencement of this Act, to coastal waters,territorial waters, waters of Antigua and Barbuda and Redonda or any analogousexpression in whatever terms used, shall be construed as a reference tointernal waters and territorial waters,

(2)Any reference in any enactment or law having effect as a part of the law ofAntigua and Barbuda prior to the commencement of this Act to a distance ofthree miles or a longer or shorter distance in relation to coastal waters,territorial waters, waters of Antigua and Barbuda and Redonda or any analogousexpression in whatever terms used, shall be construed as a reference to adistance of twelve nautical miles or such other distance as may be prescribedunder section3.

Repealand amendments, 41 & 42 Vict. c. 73.

23.(1)TheTerritorial Waters Jurisdiction Act, 1878 of the United Kingdom Parliament andany Act of the United Kingdom Parliament altering that Act, in so far as theyform part of the law of Antigua and Barbuda, are repealed.

 (2) The enactments specified in the firstcolumn of the Schedule are amended in the respects specified in the secondcolumn thereof.

24.This Act shall come into operation on such day as the Governor-General may byproclamation appoint.

Passedthe House of Representatives         Passed the senate this 19th

the30th day of June,1982.                 Day of July, 1982.

C. L.Morray, Speaker.                     B.T. Carrott.

L. A.Dowe,                               President

                                            L.A. Dowe.

Clerkto the House of Representatives.           Clerk to the Senate.

 

SCHEDULE

FirstColumn                                Second Column

TheMagistrate's Code of Procedure        Insection 38, insert “the Government

Act---Cap.48                         of Antigua andBarbuda or” immediately

                                    After “in which”

TheInterpretation Act, 1982.          Insert in the appropriate alphabetical order

                                  In section 57the following definition.

"internalwaters" means the internal waters of Antigua and Barbuda and Redonda asdefined in section 5 of the Territorial Waters Act, 1982.


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