Maritime Zones Act 2015 Notes
PART I. PRELIMINARY
No. 47 of 2015: Maritime Zones Act 2015, certified on 23 NOV 2016
Arrangement of Sections
Details the structure and organization of the Act.
Compliance with constitutional requirements
Regulates or restricts rights and freedoms referred to in Division III.3.C of the Constitution.
freedom from arbitrary search and entry (Section 44)
freedom of employment (Section 48)
right to privacy (Section 49)
freedom of movement (Section 52)
A law made for public interest in public order and welfare.
Does not alter provincial boundaries in Schedule 1 of the Organic Law on Provincial Boundaries.
Relates to a matter of national interest per Section 41(2) of the Organic Law on Provincial Governments and Local-level Governments.
An Act on a matter specified in Section 42 or 44, prevailing over laws made under those sections to the extent of inconsistency (Section 41(6) of the Organic Law).
Maritime zones purposes declared to be for public purposes under Section 53(1) of the Constitution (protection from unjust deprivation of property).
Interpretation: Defines various terms used in the Act.
"aircraft", "archipelagic air route passage", "archipelagic sea lane", “archipelagic sea lanes passage", "archipelagic waters", "baseline", "captain", "coastal waters", "competent international organisation", “contiguous zone", "continental margin", "continental shelf", "enforcement authority", "exclusive economic zone", "extended continental shelf", "foreign aircraft”, "foreign person or body”, “foreign vessel”, "geodetic datum”, "hazardous waste", "high seas", "inland waterways", "installation", "internal waters", "international navigation", "low water line", "marine scientific research", "maritime cultural zone", "maritime zone”, "master", "median line", "mile", "Minister", "MSR", “MSR activity", "MSR approval", "MSR Committee”, "MSR Guidelines", "MSR organisation", "passage”, "Prevention of Collisions Convention", "road stead", "safety zone”, "State vessel", "territorial sea", "transit passage", "UNCLOS", "UNESCO Convention", "vessel", "waters of Papua New Guinea", "written law".
Geodetic Datum: World Geodetic System 1984 (WGS84) with major radius meters and flattening of .
Mile: International nautical mile, meters.
Words/expressions in UNCLOS or UNESCO Convention have same meaning in this Act, unless contrary intention appears.
Papua New Guinea an archipelagic State: PNG is declared as such.
BASELINES
Baselines: Low water line, unless specified otherwise in Schedule 1, is the baseline for measuring the breadth of the territorial sea, contiguous zone, exclusive economic zone, and continental shelf.
Amendment of Baseline: The Minister can amend the baseline in Schedule 1 via National Gazette notice.
Such amendment must comply with the Act, UNCLOS, and international law.
The Minister can adopt various baselines:
Low-water line for normal baselines (Article 5, UNCLOS).
Seaward low-water line of reefs (Article 6, UNCLOS).
Straight baselines (Articles 7, 9, 10, 11, 12, 13, UNCLOS).
Archipelagic baselines (Article 47, UNCLOS).
Combinations of the above (Article 14, UNCLOS).
Outermost permanent harbor works are part of the coast, excluding off-shore installations/artificial islands.
Amendments to Schedule 1:
Lists of geographical coordinates using the geodetic datum.
Charts with adequate scale for position ascertainment, published per Sections 52 or 53.
The Minister must:
Publicize Schedule 1.
Deposit a copy with the UN Secretary-General.
BOUNDARIES WITH OTHER STATES
Boundaries with other states:
Territorial sea of Papua New Guinea must not extend beyond the median line where the coast of Papua New Guinea is opposite or adjacent to the coast of another State unless:
there is an agreement between Papua New Guinea and that other State to the contrary; or
it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in some other way; and
Delimitation of the exclusive economic zone or continental shelf between Papua New Guinea and the other State is to be effected by agreement on the basis of international law to achieve an equitable solution; and
If there is a delimitation agreement in force between Papua New Guinea and the other State, questions relating to the delimitation of the exclusive economic zone or continental shelf are to be determined in accordance with the provisions of the agreement.
Variations of outer limits are published per Section 52.
Agreements are prescribed in Schedule 8, which the Minister can amend via National Gazette notice.
INTERNAL WATERS
Internal Waters: All waters landward of the low water line and closing lines declared under Section 7 are internal waters.
Closing Lines for Internal Waters: The Head of State, acting on advice, may make regulations determining closing lines to delimit internal waters in mouths of rivers, entrances to lagoons, bays, permanent harbor works, gulfs, inlets, rivulets, streams.
Closing lines must align with UNCLOS.
Determinations can refer to physical features on official charts or lists of geographical coordinates with geodetic datum.
Published per Section 53 using lists of coordinates or charts with adequate scale.
ARCHIPELAGIC WATERS
Archipelagic Waters: All waters on the landward side of archipelagic baselines.
Archipelagic waters on the landward side of the baseline do not form part of the internal waters.
Jurisdiction over the archipelagic waters: Extends to the archipelagic waters, the airspace over them, and the seabed and subsoil beneath, including resources.
Exercised in accordance with this Act, UNCLOS, and international law.
With respect for traditional fishing rights/activities of adjacent States, as determined by bilateral agreements.
TERRITORIAL SEA
Territorial Sea: Waters from the baseline in Section 4 to a geodesic line 12 nautical miles from the nearest point of the baselines, subject to Section 5.
Outer limits are in Schedule 2, which the Minister can amend via National Gazette notice, considering Section 5 regarding opposite/adjacent States.
Amendments to Schedule 2 use lists of geographical coordinates with geodetic datum or charts with adequate scale, published per Sections 52 or 53.
Jurisdiction Over the Territorial Sea: Sovereignty of Papua New Guinea extends beyond its land territory, internal waters, and archipelagic waters to the territorial sea and its air space, bed, and subsoil.
Exercised in accordance with this Act, the UNCLOS, and other rules of international law.
Road steads Power: The Minister may declare road steads by notice in the National Gazette.
Road steads situated wholly or partly beyond the territorial sea are deemed within it.
COASTAL WATERS
Declaration of Coastal Waters. The Head of State, acting on advice, may, following consultation and agreement between the National Government and the relevant Provincial Government, make regulations declaring any waters to be coastal waters.
RIGHTS OF PASSAGE
Innocent Passage Through the Territorial Sea: Foreign vessels of all states have the right of innocent passage through the territorial sea, as long as it is not prejudicial to the peace, good order, or security of Papua New Guinea.
Must accord with this Act, the UNCLOS, and international law.
Continuous and expeditious, may include stopping/anchoring for ordinary navigation purposes, superior force, distress, or assistance.
Passage is prejudicial to peace/security if the vessel engages in specified activities within the territorial sea (threat/use of force, weapons exercises, information collection, propaganda, launching/boarding aircraft or military devices, loading/unloading contraband, pollution, fishing/research without permission, communication interference, etc.).
The Minister can temporarily suspend passage rights in specified areas to protect security, without discrimination.
Notice of suspension/revocation published in the National Gazette.
Criminal Jurisdiction In Relation To Foreign Vessels
No person may be arrested and no investigation may be conducted in connection with an offence alleged to have been committed on board a foreign vessel during its passage through the territorial sea, unless -
the consequences of the offence extend to Papua New Guinea; or
the offence is of a kind to disturb the peace of Papua New Guinea or the good order of the territorial sea; or
the assistance of the authorities of Papua New Guinea has been requested by the master of the vessel or by a diplomatic agent or consular officer of the flag State; or
the arrest or investigation is necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
Enforcement authority must have due regard to the interests of navigation when considering arresting or investigating.
Limitations on arrests/investigations for offenses committed before entering the territorial sea.
Civil Jurisdiction in Relation to Foreign Vessels
Foreign vessels passing through the territorial sea shall not be stopped or diverted only for the purpose of exercising civil jurisdiction in relation to a person on board the vessel; and
is not subject to execution of civil process or arrest for the purpose of civil proceedings, except in respect of obligations or liabilities assumed or incurred by the vessel in the course, or for the purpose, of its voyage through the waters of Papua New Guinea.
Sea Lanes and Traffic Separation Schemes in the Territorial Sea:- Minister responsible for transport can designate sea lanes and prescribe traffic separation schemes via National Gazette notice.
May specify classes of vessels, provisions for tankers/nuclear-powered vessels/those carrying dangerous substances, and permitted deviations.
Shall consider navigation safety, relevant recommendations from competent international organizations, special ship/channel characteristics, and traffic density in making such a notice.
Innocent Passage Through Or Over The Archipelagic Waters.: Vessels and aircraft of all states have the right of innocent passage through or over the archipelagic waters.
The Minister may suspend temporarily, in specified areas of the archipelagic waters, the right of passage of all or of specified foreign vessels or aircraft in order to protect the security of Papua New Guinea.
Archipelagic Sea Lanes, Air Routes And Traffic Separation Schemes. - Minister responsible for transport/civil aviation can designate sea lanes/air routes and prescribe traffic separation schemes via National Gazette notice.
Sea lanes and air routes must be defined by continuous axis lines from entry to exit points, traversing archipelagic waters and adjacent territorial sea, and include normal international navigation/overflight routes/channels.
Must conform to international standards.
Requires agreement of the competent international organisation before publication.
Axis lines/traffic separation schemes to be indicated on published charts.
Subject to PNG laws compliant with international law, sea lane/air route passage/overflight rights can be exercised through routes normally used for international navigation/overflight.
Archipelagic Sea Lane and Air Route Passage.:
All vessels have the right of archipelagic sea lane passage in sea lanes designated under Section 19(1)(a).
On air routes designated under Section 19(2), all aircraft have the right of archipelagic air route passage.
A vessel or aircraft exercising the right of archipelagic sea lane or air route passage shall not deviate more than 25 miles to either side of the axis lines during passage, and shall not navigate or fly closer to the coast than 10% of the distance between the nearest points on islands bordering the sea lane or air route.
Must proceed without delay, refrain from threats/use of force, and comply with this Act. * Vessels/aircraft must comply with PNG legislation regarding safety at sea/air, marine pollution, and international air traffic frequencies.
No vessel exercising the right of archipelagic sea lane passage, shall carry out any survey activity without the prior authorisation of the Minister on the advice of the MSR Committee in writing.
Regulation of Passage of Vessels.
PNG laws regarding navigation safety, maritime traffic, conservation of sea resources, fisheries control, environmental protection, and customs/revenue/immigration/health apply to vessels exercising innocent passage through archipelagic waters and territorial sea. Head of State can make regulations for protecting navigational aids/cables/pipelines and regulating hydrographic surveys. These provisions are unenforceable if they apply to vessel design/construction/manning (unless reflecting international rules), impair the right of passage, or discriminate against vessels of any State/those carrying cargoes to/from/on behalf of any State.
Submarines/underwater vehicles must navigate on the surface and show their flag.
Charges for passage must not be levied solely for passage, but can be for specific services and must not discriminate against foreign vessels.
Straits Used For International Navigation:- Provisions of this Part apply with necessary modifications to the passage of vessels in, and the overflight of aircraft over, straits within the waters of Papua New Guinea that are used for international navigation.
Passage by a vessel or aircraft in a strait to which this section applies, is transit passage and shall be exercised in the same manner as the right of innocent passage in the territorial sea and the archipelagic waters. Minister responsible for transport does not have the power to suspend transit passage.
Enforcement Of Rules Of Passage:- Minister responsible for transport may issue notices published in the National Gazette:
to control the exercise by foreign vessels and aircrafts of the rights of navigation and overflight in and over internal waters and the territorial sea as provided in Section 11.
to enforce any conditions in respect of a vessel or aircraft that are attached to a right of passage through or over internal waters; or a right to call at a port facility.
Foreign State Vessels And Aircraft.:- The provisions of this Part apply to foreign States vessels, including warships, as provided by Part II.3.C and Article 42.5 of the UNCLOS and to foreign State aircraft in the same manner as they apply to foreign State vessels, to the extent possible.
CONTIGUOUS ZONE
Contiguous Zone: Area contiguous to the territorial sea, extending 24 nautical miles from baselines established under Section 4.
Outer limits in Schedule 3.
Jurisdiction in the Contiguous Zone: Authority action is permitted to prevent or prosecute law contravention relating to customs, revenue, immigration, health, sanitary, or phytosanitary matters.
EXCLUSIVE ECONOMIC ZONE
Exclusive Economic Zone Subject to Section 5, comprises the waters from the baseline established in Section 4 and a geodesic line joining every point of which is at a distance of 200 nautical miles from the nearest point of the baselines.
The outer limits of the exclusive economic zone are as set out in Schedule 4.
The Head of State, acting on advice, may make regulations, for the purpose of implementing any international agreement or the award of any international body, or otherwise -
determine that the outer limits of the exclusive economic zone extend to a line, one or more points of which are at a distance of less than 200 nautical miles from the nearest point of the appropriate baseline; and
determine that the exclusive economic zone does not extend to any specified area of the sea, seabed, or subsoil that would otherwise be included within the exclusive economic zone by virtue of this section.
Any Regulations made under Subsection (3) which amend the outer limits of the exclusive economic zone as set out in Schedule 4 may be -
by reference to lists of geographical coordinates expressed in terms of the geodetic datum; or
shown on charts of a scale or scales adequate for ascertaining their position, and shall be published in accordance with Section 53.
Rights, Jurisdiction and Duties of Papua New Guinea in the Exclusive Economic Zone Papua New Guinea has: -
sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil; and with regard to other activities, for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; and.
jurisdiction with regard to the establishment and use of artificial islands, installations and structures; and marine scientific research; and the protection and preservation of the marine environment; and such other rights and duties as are provided for by international law.
All States and their nationals have, in the exclusive economic zone the rights of navigation and overflight referred to in Article 87 of the UNCLOS; and the right to lay submarine cables and pipelines; and the right to use the sea in any manner related to those rights that is compatible with the rules of international law.
Except in accordance with an agreement entered into with Papua New Guinea or under the authority of a licence granted by the responsible authority under the relevant legislation, no person may, in the exclusive economic zone explore or exploit any natural resources, whether living or non-living.
Articles 88 to 115 of the UNCLOS (concerning the uses of the high seas) apply to the exclusive economic zone so far as they are not inconsistent with any other written law.
Exercise of Jurisdiction by Papua New Guinea in the Exclusive Economic Zone-To enable Papua New Guinea to exercise the sovereign rights and jurisdiction it has in the exclusive economic zone, there is extended to that zone, to the extent recognised by the UNCLOS, the laws in force in Papua New Guinea.
The laws of Papua New Guinea shall apply to artificial islands, installations and structures in the exclusive economic zone as if they were in the territorial sea.
CONTINENTAL SHELF
Continental shelf: The continental shelf of Papua New Guinea comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory including mineral and other natural non-living resources of the seabed and subsoil; and living organisms belonging to sedentary species.
The outer limits of the continental shelf are determined in accordance with Article 76, Paragraphs 4 to 6 of UNCLOS, and the Head of State, acting on advice, may make regulations to provide for the outer limit to be determined by any method specified in Paragraph 4 of Article 76 of the UNCLOS.
The Head of State can amend the outer limits of the continental shelf by making regulations.
Rights of Papua New Guinea Over the Continental Shelf.- Papua New Guinea has the exclusive right - to explore the continental shelf and to exploit its natural resources; and to authorise and regulate search, excavation and drilling operations on the continental shelf for all purposes.
The sovereign rights of Papua New Guinea do not depend on (a) occupation of any part of the continental shelf by or on behalf of the State; or (b) any proclamation or other express legislative statement, but are subject to Article 82 of the UNCLOS concerning payments with respect to the exploitation of the continental shelf beyond 200 miles from the baselines.
The rights of Papua New Guinea over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters.
The rights of Papua New Guinea in the continental shelf shall not be exercised in a manner that infringes or unreasonably interferes with navigation and other rights and freedoms of other States as provided for in the UNCLOS for the purposes of this Part,