CHAPTER
282
ARCHIPELAGIC WATERS AND MARITIME JURISDICTION |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Right of innocent passage. |
Power of law enforcement officers to search
foreign ships, etc. |
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Sea lanes and air routes. |
Traffic separation routes |
Ships to use prescribed sea lanes and traffic. |
Alteration of seaward limit. |
Territorial sea of The Bahamas meets with
territorial sea, etc., of another state. |
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CHAPTER 282 |
ARCHIPELAGIC
WATERS AND MARITIME JURISDICTION |
An Act
respecting the territorial sea, archipelagic waters, internal waters and the
exclusive economic zone of The Bahamas. | 37 of 1993 |
[Assent 31st
December, 1993]
[Commencement 4th January, 1996] |
1. This Act may be cited as the Archipelagic Waters and
Maritime Jurisdiction Act, 1993. | Short title. |
2. In this Act- | Interpretation. |
"archipelagic
baselines" means the baselines drawn under section 3(2); |
"baseline"
means the line from which the width of the territorial sea of The Bahamas is
measured; |
"Convention"
means the United Nations Convention on the Law of the Sea signed on December
10, 1982; |
"exclusive
economic zone" means the exclusive economic zone of The Bahamas as defined
in section 8; |
"innocent
passage" means passage which is not deemed to be prejudicial to the peace,
good order, or security of The Bahamas and is in conformity with the provisions
of the Convention and such other relevant rules of international law; |
"island"
means a naturally formed area of land which is surrounded by and above water at
mean high-water; |
"miles"
means international nautical miles of 1,852 metres each; |
"Minister"
means the Minister responsible for Lands and Surveys; |
"passage"
means the navigation of a ship in the territorial sea or archipelagic waters of
The Bahamas without stopping or hovering, but includes stopping, hovering and
anchoring in so far as the same are rendered necessary by force majeure
or by reason of distress or for the purpose of affording assistance to persons,
ships or aircraft in danger or distress. |
3. (1) The archipelagic waters of The Bahamas comprise
those areas of the sea enclosed by the baselines established by this section. | Archipelagic waters. |
(2) The
Governor-General may by Order issue one or more lists by reference to physical
features marked on official charts or to geographical co-ordinates of points
between which archipelagic baselines may be drawn in accordance with
international law for the purpose of determining the inner limits of the
territorial sea of The Bahamas, and may as he deems necessary amend those
lists. |
(3) In respect of
any area for which physical features marked on official charts or geographical
co-ordinates of points have been listed in a list issued pursuant to subsection
(2), subject to any exceptions in the list for the use of the low-water line
along the coast as the baseline between given points, baselines are straight
lines joining the consecutive geographical co-ordinates of points as listed. |
(4) In respect of
any other area, and until such time as physical features marked on official
charts, or geographical co-ordinates of points have, for such other area, been
listed in a list issued pursuant to subsection (2), baselines remain those
applicable immediately before the coming into force of this Act. |
4. (1) The territorial sea of The Bahamas comprises
those areas of the sea having as their inner limits the baselines described in
this section and as their outer limits a line established seaward from those
baselines every point of which is at a distance of twelve miles from the
nearest point of the appropriate baseline. | Territorial sea. |
(2) Where
archipelagic baselines are drawn under section 3, those baselines shall be the
baselines from which the breadth of the territorial sea of The Bahamas shall be
measured. |
(3) In all other
cases the baselines from which the breadth of the territorial sea of The
Bahamas is measured shall be the low-water line along the coast of each island. |
(4) Where a
low-tide elevation lies wholly or partly within the breadth of sea which would
be the territorial sea of The Bahamas if all low-tide elevations were
disregarded for the purpose of measurement of the breadth thereof, the low-tide
elevation shall be treated as an island. |
(5) For the
purposes of this section, a low-tide elevation is a naturally formed area of
land which is surrounded by and is above water at mean low-water but is
submerged at mean high-water. |
5. (1) Subject to subsections (2) and (3) and section
13 and without prejudice to sections 7 or 11, a foreign ship shall be entitled
to enjoy the right of innocent passage through the archipelagic waters and
territorial sea of The Bahamas. | Right of innocent passage. |
(2) The passage of
a foreign ship shall be deemed to be prejudicial to the peace, good order or
security of The Bahamas if, the ship while in the archipelagic waters or
territorial sea of The Bahamas, engages in any of the following activities- |
(a) any threat
or use of force against the sovereignty, territorial integrity or political
independence of The Bahamas, or in any other manner in violation of the
principles of international law; |
(b) any
exercise or practice with weapons of any kind; |
(c) any act
aimed at collecting information relating to the defence or security of The
Bahamas; |
(d) any act of
propaganda aimed at affecting the defence or security of The Bahamas; |
(e) the
conveyance, taking on board or off loading of any person, commodity or currency
in breach of any law relating to exchange control, customs, immigration, health
or drugs; |
(f) any act of
pollution calculated or likely to cause damage or harm to The Bahamas, its
resources or its marine environment; |
(g) any fishing
activities other than in accordance with the Fisheries
Resources (Jurisdiction and Conservation) Act; |
(h) any act
aimed at the interfering with systems of communication or telecommunication of
The Bahamas; |
(i) such other
activity as the Governor-General may by Order prescribe. |
(3) Without
prejudice to subsection (2) the passage of a foreign ship shall also be deemed
to be prejudicial to the peace, good order or security of The Bahamas if
without the prior permission of the Minister obtained by the captain or person
in charge of the ship, the ship while in the archipelagic waters or territorial
sea of The Bahamas, engages in any of the following activities- |
(a) the
launching, landing or taking on board of any aircraft; |
(b) the
launching, landing or taking on board of any military device; |
(c) the
carrying out of research or survey activities; |
(d) being a
submarine or other underwater ship, underwater navigation. |
6. (1) Where a foreign ship engages in any of the
activities specified in subsections (2) and (3) of section 5 or prescribed
under paragraph (i) of section 5(2), as the case may be, or where a law
enforcement officer suspects on reasonable grounds that a foreign ship is
engaged in any such activity, such law enforcement officer may in the course of
his duty- | Power of law enforcement officers to search foreign
ships, etc. |
(a) stop, board
and search the ship for the purpose of carrying out enquiries and
investigations; |
(b) without
warrant or other process seize and detain the ship and bring it into a port of
The Bahamas; |
(c) without
warrant or other process arrest the captain and any person on board the ship
whom he reasonably suspects to be participating in the activity of the ship
which is deemed to be prejudicial to the peace, good order or security of The
Bahamas. |
(2) Where a
foreign ship is seized or detained or any person is arrested under this
section, such ship or person shall forthwith be taken- |
(a) to the
nearest or most convenient place in The Bahamas and delivered into the custody
of the most senior police officer; or |
(b) before a
magistrate to be dealt with according to law. |
(3) Where the
passage of a foreign ship is deemed to be prejudicial to the peace, good order
or security of The Bahamas, the captain or other person in charge of such ship
and any person participating in the activity of the ship which is deemed to be
so prejudicial, is guilty of an offence and liable on summary conviction to a
fine of ten thousand dollars or imprisonment for a term of five years or both. |
(4) The Court may
in addition to any penalty which it may impose under subsection (3) order the
forfeiture to the Crown of any ship engaged, or equipment used, in any activity
which is the subject of the offence. |
(5) Any person who
assaults or obstructs a law enforcement officer acting under the authority of
this section is guilty of an offence and liable on summary conviction to a fine
of ten thousand dollars or imprisonment for a term of five years or both. |
(6) In this
section- |
"law
enforcement officer" means any peace officer, a member of the Royal
Bahamas Defence Force, an officer of Customs or an officer of the Department of
Immigration. |
7. (1) The internal waters of The Bahamas comprise
those areas of the sea that are on the landward side of the closing lines
referred to in this section. | Internal waters. |
(2) The
Governor-General may by Order issue one or more lists of geographical co-ordinates
of points from which the closing lines of the internal waters may be determined
in accordance with international law and may, as he deems necessary, amend
those lists. |
8. (1) Subject to this section, the exclusive economic
zone of The Bahamas comprises those areas of the sea, having as their inner
limits the outer limits of the territorial sea of The Bahamas and, as their
outer limits, a line drawn seaward from the baselines every point of which is
at a distance of two hundred miles from the nearest point of the appropriate
baseline. | Exclusive economic zone. |
(2) The
Governor-General may by Order, for the purpose of implementing any
international agreement or the award of any international body, or otherwise,
declare that the outer limits of the exclusive economic zone of The Bahamas
extend to such line, any point or which may be at a distance of less than two
hundred miles from the nearest point of the appropriate baseline, as may be
specified in such Order. |
(3) Where the
median line, as defined in subsection (4), is less than two hundred miles from
the nearest baseline, and no other line is for the time being specified under
the provisions of subsection (2), the outer limits of the exclusive economic
zone of The Bahamas extend to the median line. |
(4) The median
line is a line every point of which is equidistant from the nearest points of
the baselines from which the breadths of the territorial sea of The Bahamas and
of any neighbouring state are measured. |
9. (1) The sovereignty of The Bahamas extends over the
territorial sea, the archipelagic waters, the internal waters, the seabed and
subsoil thereof as well as the airspace over such sea and waters. | Sovereignty. |
(2) Within the
exclusive economic zone The Bahamas has- |
(a) sovereign
rights for the purpose of exploring and exploiting, conserving and managing the
natural resources, whether living or non-living of the seabed and subsoil and
superjacent waters; |
(b) exclusive
rights for the purpose of constructing and authorising and regulating the
construction, operation and use of artificial islands; and |
(c) exclusive
jurisdiction over artificial islands including jurisdiction with regard to
customs, fiscal, health, drugs; safety and immigration laws. |
10. The Minister may cause charts to be issued
indicating baselines referred to in sections 3 and 4. | Baselines charts. |
11. (1) The Governor-General may by Order prescribe
sea lanes and air routes above archipelagic waters suitable for the continuous
and expeditious passage of foreign ships and aircraft through or over the
archipelagic waters and the adjacent territorial sea. | Sea lanes and air routes. |
(2) Subject to
section 5 all ships and aircraft shall enjoy the right of archipelagic sea
lanes passage in the sea lanes and air routes prescribed under subsection (1). |
(3) Archipelagic
sea lane passage shall be the exercise in accordance with international law and
with any laws of The Bahamas of the rights of navigation and overflight in the
normal mode solely for the purpose of continuous, expeditious and unobstructed
transit between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone. |
(4) Sea lanes
shall be defined by a series of continuous axis lines from the entry points of
passage routes to the exit points and ships and aircraft in archipelagic sea
lanes passage shall not deviate more than twenty-five miles to either side of
such axis lines during passage nor navigate closer to the coast of the islands
of The Bahamas than ten per cent of the distance between the nearest points on
islands bordering the sea lane or air route. |
(5) Where there is
no designation made pursuant to subsection (1) the right of archipelagic sea
lane passage may be exercised through the routes normally used for
international navigation. |
12. The Governor-General may by Order prescribe
traffic separation routes within archipelagic sea lanes for the passage of
ships and make alterations to those routes. | Traffic separation routes |
13. Where sea lanes and traffic separation routes have
been prescribed under sections 11 and 12- | Ships to use prescribed sea lanes and traffic. |
(a) foreign
ships exercising the right of innocent passage through the archipelagic waters
and territorial sea of The Bahamas; and |
(b) ships
exercising archipelagic sea lane passage, |
shall use
the sea lanes and traffic separation routes so prescribed. |
14. The Governor-General may, whenever he considers it
necessary or expedient so to do having regard to international law, by Order
alter the seaward limit of the territorial sea of The Bahamas. | Alteration of seaward limit. |
15. Where the territorial sea of The Bahamas meets
with the territorial sea of another state to the extent only to which such
limits are recognised by The Bahamas to be validly established pursuant to
international law, the Governor-General may initiate and conduct negotiations
with that state to establish the boundary of the territorial sea of The Bahamas
and in the absence of agreement the boundary of the territorial sea of The
Bahamas shall not extend beyond the median line every point of which is
equidistant from the nearest points on the baselines from which the breadths of
the territorial seas of The Bahamas and that other state are measured. | Territorial sea of The Bahamas meets with territorial
sea, etc., of another state. |
16. (1) The Minister may cause charts to be issued
delineating the territorial sea of The Bahamas as settled by agreement under
section 15 or any portion thereof as may be delineated consistent with the
nature and scale of the charts. | Charts. |
(2) In any
proceedings in any court a certificate purporting to be signed by the Minister
or a person authorised by him that the chart issued pursuant to section 10 or
to this section is for the time being an authorised and accurate chart shall be
admissible as conclusive evidence of the matter stated in the certificate. |
(3) Every person
signing any such certificate shall, in the absence of proof to the contrary, be
presumed to be duly authorised to sign it. |
17. (1) Nothing in this Act shall be construed or have
the effect of prejudicing the prerogative powers or privileges of the Crown,
including any authority conferred by any treaty or agreement concluded thereby
by the Commonwealth of The Bahamas with any foreign State or agency of such
State prior to or after the commencement of this Act. | Savings. |
(2) For the
purpose of any law references to the territorial sea or the waters of The
Bahamas shall, unless the context otherwise requires, be construed and have
effect as including the archipelagic waters of The Bahamas. |