MARITIME ZONES ACT Act 15 of 1994 [ASSENTED TO 9 NOVEMBER 1994] (Afrikaans text signed by the President) as amended by Transport Second General Amendment Act 82 of 1995 ACT To provide for the maritime zones of the Republic; and
to provide for matters connected therewith. 1 Definitions In this Act, unless the context otherwise indicates- 'baseline' means a baseline as contemplated in subsection (1), (2) or (3) of section 2; 'installation' means any of the following situated within internal waters, territorial waters or the exclusive economic zone or on or above the continental shelf:
'low-tide elevation' means a naturally formed area of land which is surrounded by water and which is above water at low tide, but submerged at high tide and situated within a distance of not more than 12 nautical miles from the low-water line of the mainland or of an island; 'low-water' means the mean height of low-water for a tidal cycle of 18,6 years; 'low-water line' means the intersection of the low-water tidal plane with the land and includes the low-water line on a low-tide elevation; 'Minister' means the Minister of Transport; 'nautical mile' means the international nautical mile of 1 852 metres; 'officially recognised large-scale charts or maps' means large-scale charts or maps supplied by the Hydrographer of the South African Navy and the Chief Surveyor-General, respectively; 'prescribed' means prescribed by regulation; 'right of innocent passage' means the right of innocent passage referred to in section 2 of the Marine Traffic Act, 1981 (Act 2 of 1981); 'sea' means the water of the sea, as well as the bed of the sea and the subsoil thereof; 'straight line' means the shortest distance between two points on a surface; 'this Act' includes the regulations. 2 Baselines (1) Subject to subsections (2) and (3) the low-water line shall be the baseline. (2) Notwithstanding subsection (1) straight lines joining the grouped co-ordinates mentioned in Schedule 2 shall be the baselines of the relevant part of the coast. (3) Notwithstanding subsections (1) and (2) the outer limits prescribed or determined in accordance with subsection (4) or (5) shall be the baselines. (4) Outer limits of internal waters referred to in section 3 (1) (b) shall be established in the prescribed manner. (5) In the absence of any outer limits of internal waters prescribed in accordance with subsection (4), the outer limits shall be the outermost harbour works which form an integral part of the harbour system. (6) In any proceedings before a court of law any prescribed chart or map shall be admissible as prima facie proof of the contents thereof. 3 Internal waters (1) The internal waters of the Republic shall comprise-
(2) Any law in force in the Republic, including the common law, shall also apply in its internal waters and the airspace above its internal waters. (3) The right of innocent passage shall not exist in the internal waters, except if the internal waters concerned were territorial waters before the commencement of this Act. 4 Territorial waters (1) The sea within a distance of twelve nautical miles from the baselines shall be the territorial waters of the Republic. (2) Any law in force in the Republic, including the common law, shall also apply in its territorial waters and the airspace above its territorial waters. (3) The right of innocent passage shall exist in the territorial waters. 5 Contiguous zone (1) The sea beyond the territorial waters referred to in section 4, but within a distance of twenty four nautical miles from the baselines, shall be the contiguous zone of the Republic. (2) Within the contiguous zone and the airspace above
it, the Republic shall have the right to exercise all the powers which may be considered
necessary to prevent contravention of any fiscal law or any customs, emigration,
immigration or sanitary law and to make such contravention punishable. 6 Maritime cultural zone (1) The sea beyond the territorial waters referred to in section 4, but within a distance of twenty four nautical miles from the baselines, shall be the maritime cultural zone of the Republic. (2) Subject to any other law the Republic shall have, in respect of objects of an archaeological or historical nature found in the maritime cultural zone, the same rights and powers as it has in respect of its territorial waters. 7 Exclusive economic zone (1) The sea beyond the territorial waters referred to in section 4, but within a distance of two hundred nautical miles from the baselines, shall be the exclusive economic zone of the Republic. (2) Subject to any other law the Republic shall have, in respect of all natural resources in the exclusive economic zone, the same rights and powers as it has in respect of its territorial waters. 8 Continental shelf (1) The continental shelf as defined in Article 76 of the United Nations Convention on the Law of the Sea, 1982, adopted at Montego Bay on 10 December 1982, shall be the continental shelf of the Republic. (2) Subject to any other law the outer limits of the continental shelf shall consist of a series of straight lines joining the co-ordinates mentioned in Schedule 3. (3) For the purposes of-
the continental shelf shall be deemed to be unalienated
State land. 9 Application of laws in respect
of installations (1) Any law in force in the Republic, including the common law, shall also apply on and in respect of an installation. (2) For the purposes of subsection (1) an installation shall be deemed to be within the district, as defined in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), designated by the Minister of Justice. (3) In the absence of a designation contemplated in
subsection (2) an installation shall be deemed to be within the district nearest to that
installation. 10 Maritime casualties Notwithstanding this Act or any other law the Republic
may, in any area of the sea or the airspace above the sea, take such measures as are
necessary against any vessel or aircraft in order to protect the coastline of the Republic
or related interests, including fishing, from pollution or any threat of pollution
resulting from a maritime casualty or an act or omission relating to such a casualty and
which may reasonably be expected to result in major harmful consequences. 11 Self-defence Notwithstanding this Act or any other law the Republic
may take such action in any area of the sea or in the airspace above the sea, as is
necessary in the exercise of the principle of self-defence contained in Article 51 of the
Charter of the United Nations. 12 Amendment of Schedules The Minister may by notice in the Gazette amend Schedules 2 and 3. [S. 12 substituted by s. 4 of Act 82 of
1995.] 13 Regulations The Minister may make regulations regarding-
14 Application of Act to Prince
Edward Islands This Act shall also apply to the Prince Edward Islands
as defined in section 1 of the Prince Edward Islands Act, 1948 (Act 43 of 1948). 15 Repeal and amendment of laws,
and savings (1) The laws mentioned in Schedule 1 are hereby repealed or amended to the extent set out in the third column of the Schedule. (2) Any reference to the internal waters, territorial waters or continental shelf in any other law shall be construed as a reference to the internal waters, territorial waters or continental shelf referred to in this Act, respectively. (3) Any reference to the fishing zone in any other law in relation to conservation, management or exploitation of living marine resources shall be construed as a reference to the exclusive economic zone referred to in this Act. (4) Any reference to the fishing zone in any other law
in relation to fiscal matters or matters concerning customs, emigration, immigration or
sanitation shall be construed as a reference to the contiguous zone referred to in this
Act. 16 Short title This Act shall be called the Maritime Zones Act, 1994. |