PART 3

Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State

Definitions (Part 3).

81 .— In this Part—

“ exclusive economic zone ” has the meaning given to it by or under section 87 ;

“ exclusive fishery limits ” has the meaning given to it by section 88 ;

“foreign ship” means a ship which is not an Irish ship (within the meaning of section 9 of the Act of 1955);

“ internal waters ” has the meaning given to it by section 86 ;

“ island ” means a naturally formed area of land surrounded by water which is above water at high water;

“ low-tide elevation ” means a naturally formed area of land which is surrounded by and above water at low water but submerged at high water;

“ nautical mile ” means the length of one minute of an arc of a meridian of longitude;

“ ship ” includes every description of vessel used in navigation whether on or under the surface of the water, howsoever propelled, and also includes a seaplane while it is in contact with the water;

“ territorial seas ” has the meaning given to it by section 82 .

Territorial seas.

82 .— The territorial seas of the State is that portion of the sea which lies between the baseline and the outer limit of the territorial seas.

Outer limit of territorial seas.

83 .— The outer limit of the territorial seas is the line every point of which is at a distance of 12 nautical miles from the nearest point of the baseline.

Contiguous zone.

84 .— (1) The contiguous zone of the State is that portion of the sea not included in the territorial seas of the State which lies between the baseline and the outer limit of the contiguous zone.

(2) The outer limit of the contiguous zone is the line every point of which is at a distance of 24 nautical miles from the nearest point of the baseline.

(3) The State may exercise in the contiguous zone such rights and duties as are provided for in international law.

Baseline.

85 .— (1) Save as otherwise provided, the baseline is low-water mark—

(a) on the coast of the mainland or of any island, or

(b) on any low-tide elevation situated wholly or partly at a distance not exceeding 12 nautical miles from the mainland or an island.

(2) The Government may by order (which they may by order revoke or amend) prescribe straight baselines in relation to any part of the State and the closing line of any bay or mouth of a river, and any line so prescribed shall be taken as the baseline.

(3) The Maritime Jurisdiction Act 1959 (Straight Baselines) Order 1959 (S.I. No. 173 of 1959), if in operation on the passing of this Act, continues in force as if made under this section.

Internal waters.

86 .— The internal or inland waters of the State extend to all sea areas which lie on the landward side of the baseline of the territorial seas and all such sea areas shall be subject to the jurisdiction of the State to the same extent in all respects as its ports and harbours, bays, lakes and rivers, subject to any right of innocent passage for foreign ships in those sea areas which previously had been considered as part of the territorial seas or of the high seas.

Exclusive economic zone of State.

87 .— (1) The exclusive economic zone of the State is the area beyond and adjacent to the territorial seas subject to the specific legal regime established in Part V of the United Nations Convention on the Law of the Sea (“Convention”), done at Montego Bay on 10 December 1982, the text of which, in the English language, is, for convenience of reference, set out in Schedule 2 .

(2) Subject to subsection (3), the outer limit of the exclusive economic zone is the line every point of which lies at a distance of 200 nautical miles from the nearest point of the baseline.

(3) Where because of the proximity of a similar maritime zone of another state the outer limit of the exclusive economic zone specified in subsection (2) cannot be applied, the boundary of the exclusive economic zone is the equitable equidistant line between the State and the other state. The Government may by order (which they may by order revoke or amend) prescribe the co-ordinates of latitude and longitude of the appropriate equitable equidistant line or lines.

(4) In the exclusive economic zone the State has—

(a) 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,

(b) jurisdiction as provided for in the relevant provisions of the Convention with regard to—

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

(ii) marine scientific research, and

(iii) the protection and preservation of the marine environment,

and

(c) other rights and duties provided for in international law.

Exclusive fishery limits of State.

88 .— For the purposes of Part 2 , the exclusive fishery limits of the State comprise all seas that lie inside the outer limit of the exclusive economic zone.

Jurisdiction in case of offence.

89 .— (1) Every offence committed within the territorial seas or internal waters is an offence within the jurisdiction of the State and may be dealt with by a court of competent jurisdiction although committed on board or by means of a foreign ship and a person who commits such offence may be arrested, tried and punished accordingly.

(2) For the purpose of arresting any person charged with an offence declared by this section to be within the jurisdiction of the State, the territorial seas and internal waters shall be deemed to be within the jurisdiction of any court or judge having power within the State to issue warrants for the arrest of persons charged with offences committed within the jurisdiction of such court or judge.

Prosecution of non-national for offence on foreign ship.

90 .— (1) Proceedings (other than the taking of depositions) for the prosecution of a non-national for an offence alleged to have been committed in the territorial seas on board or by means of a foreign ship shall not be instituted without the certificate of the Minister for Foreign Affairs that the institution of the proceedings is in his or her opinion expedient.

(2) This section does not apply to an offence under—

(a) the Dumping at Sea Acts 1996 to 2006,

(b) the Maritime Security Act 2004 ,

(c) the Sea-Fisheries Acts 2003 and 2006, or

(d) the Sea Pollution Acts 1991 to 1999.

Saving as to jurisdiction.

91 .— Nothing in this Part shall be read to be in derogation of any jurisdiction enjoyed by the State under international law or conferred on it by Community law, or to affect or prejudice such jurisdiction or any jurisdiction conferred upon it by any other enactment or now by law existing.

Evidence as to extent of internal waters, territorial seas, exclusive economic zone and exclusive fishery limits.

92 .— (1) The Government may by order (which they may by order revoke or amend) prescribe the charts which may be used for the purpose of establishing low-water mark, or the existence and position of any low-tide elevation, or any other matter in reference to the internal waters, the territorial seas, the exclusive economic zone or the exclusive fishery limits, and any chart purporting to be a copy of a chart of a kind or description so prescribed shall, unless the contrary is proved, be received in evidence as being a prescribed chart without further proof.

(2) The Maritime Jurisdiction Act 1959 (Charts) Order 1959 (S.I. No. 174 of 1959), if in operation on the passing of this Act, continues in force as if made under this section.

Adaptation of enactments.

93 .— (1) References in any enactment to sea areas and waters within 3 miles, 3 nautical miles, or one league of the coast or shore and cognate expressions shall be construed as references to sea areas and waters lying within the outer limit of the territorial seas.

(2) For the purposes of any other enactment the territorial seas shall be taken to comprise the sea area to which section 82 applies.

(3) Section 2 of the Wildlife Act 1976 is amended by substituting for the definition of “the territorial seas of the State” the following:

“ ‘territorial seas of the State’ means the portion of the sea which is defined by section 82 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the territorial seas of the State;”.

(4) Section 3 of the Sea Pollution Act 1991 is amended by substituting for subsection (2A) (inserted by section 13 of the Sea Pollution (Amendment) Act 1999 ) the following:

“(2A) A reference in this Act to the State includes a reference to—

(a) the inland waters of the State,

(b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

(c) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006).”.

(5) Section 117 of the Patents Act 1992 is amended by substituting “ section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “ section 5 of the Maritime Jurisdiction Act 1959 ”.

(6) Section 36(4) of the Criminal Justice Act 1994 is amended by substituting “ Section 90 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “ Section 11 of the Maritime Jurisdiction Act 1959 ”.

(7) Section 1 of the Sea Pollution (Amendment) Act 1999 is amended by substituting for subsection (2) the following:

“(2) A reference in this Act to the State includes a reference to—

(a) the inland waters of the State,

(b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

(c) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006).”.

(8) Sections 185 and 290 of the Copyright and Related Rights Act 2000 are each amended, in paragraph (a)(ii), by substituting “ section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “ section 5 of the Maritime Jurisdiction Act 1959 ”.

(9) Section 2 of the Sea Pollution (Hazardous Substances) (Compensation) Act 2005 is amended by substituting for subsection (2) the following:

“(2) A reference in this Act to the State includes a reference to—

(a) the inland waters of the State,

(b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

(c) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006).”.

Laying of orders before Houses of Oireachtas.

94 .— Every order made by the Government under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and (except in the case of an order made under section 92 (1)), if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.