Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990

This is the latest version of this Act.
Jurisdiction
Namibia
Citation
Act 3 of 1990
Date
Language
English
Type
Legislation
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Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990

Act 3 of 1990

  1. [Amended by Territorial Sea and Exclusive Economic Zone of Namibia Amendment Act, 1991 (Act 30 of 1991) on 31 December 1991]
  2. [Amended by Sea Fisheries Act, 1992 (Act 29 of 1992) on 23 December 1992]
ACTTo determine and define the territorial sea, internal waters, contiguous zone, exclusive economic zone and continental shelf of Namibia; and to provide for matters incidental thereto.BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-

1. Definitions

In this Act, unless the context indicates otherwise -“Convention” means the United Nations Convention on the Law of the Sea, 1982, adopted on 30 April 1982 by the United Nations Conference on the Law of the Sea;“low water line” means the line of lowest astronomical tide;“Namibia” means the Republic of Namibia as defined in Article 1(4) of the Namibian Constitution, and in relation to any right or power, the authority in which the right or power in question or a right or power of the nature in question is vested;“nautical mile” means the international nautical mile of 1 852 metres.

2. Territorial sea of Namibia

(1)The sea within a distance of 12 nautical miles measured from the low water line shall be the territorial sea of Namibia.
(2)
(a)In determining the extent of the territorial sea of Namibia due regard shall be had to the rules embodied in the Convention, or as it may from time to time be embodied in any international convention binding on Namibia, and, with due regard to the said international rules, base lines other than the low water line from which the 12 nautical miles contemplated in subsection (1) are to be measured, may be recognized by Namibia;
(b)Any base line referred to in this section may be marked or indicated by appropriate symbols on scale charts officially recognized by Namibia;
(c)In any proceedings before a court of law any chart referred to in paragraph (b), shall be prima facie evidence of the matters referred to therein.
(3)Any law in force in Namibia at the commencement of this Act relating to territorial waters or to the sea within a specified distance but less than 12 nautical miles from the low water mark, shall apply within the territorial sea of Namibia, and any reference in any such law to the territorial waters or low water mark shall be deemed to be a reference to the territorial sea or low water line as defined in this Act, respectively.

3. Internal waters of Namibia

(1)The waters landward from its low water line or any other base line from which the territorial sea was measured, shall form part of the internal waters of Namibia.
(2)The provisions of subsection (1) shall be in addition to and not in substitution for any other law relating to or defining the internal waters of Namibia.

3A. Contiguous zone of Namibia

(1)The sea outside the territorial sea of Namibia but within a distance of 24 nautical miles from the low water line or any other base line from which the territorial sea was measured shall constitute the contiguous zone of Namibia.
(2)In determining the extent of the contiguous zone of Namibia the provisions of section 2(2) shall mutatis mutandis apply.
(3)Within the contiguous zone of Namibia, Namibia shall have the right to exercise any powers which it may consider necessary to prevent the contravention of any fiscal law or any law relating to customs, immigration or health.[section 3A inserted by Act 30 of 1991]

4. Exclusive economic zone of Namibia

(1)The sea outside the territorial sea of Namibia but within a distance of two hundred nautical miles from the low water line or any other base line from which the territorial sea was measured shall constitute the exclusive economic zone of Namibia.
(2)In determining the extent of the exclusive economic zone the provisions of section 2(2) shall mutatis mutandis apply.
(3)Within the exclusive economic zone -
(a)any law of Namibia which relates to the exploitation, exploration, conservation or management of the natural resources of the sea, whether living or non-living, shall apply;
(b)Namibia shall have the right to exercise any powers which it may consider necessary to prevent the contravention of any law relating to the natural resources of the sea.
[paragraph (b) amended by Act 30 of 1991]
(4)Any law in force in Namibia at the commencement of this Act relating to any fishing zone, shall apply within the exclusive economic zone of Namibia, and any reference in any such law to any fishing zone shall be deemed to be a reference to the exclusive economic zone as defined in this Act.

5. Delimitation of territorial sea or exclusive economic zone

If, in determining the extent of the territorial sea or exclusive economic zone of Namibia or after having so determined it, it infringes or overlaps with the territorial sea, exclusive economic zone or any other maritime zone, as the case may be, of any other State, the extent of the territorial sea or exclusive economic zone of Namibia may be determined or altered by agreement with the State concerned, and pending the conclusion of such an agreement or if no such agreement can be reached, the extent of the territorial sea or exclusive economic zone of Namibia, as the case may be, may be determined or altered by Namibia as it deems fit.

6. Continental shelf of Namibia

(1)The continental shelf as defined in the Convention, or as it may from time to time be defined by international convention and binding on Namibia, shall be the continental shelf of Namibia.
(2)The continental shelf referred to in subsection (1) shall for the purposes of -
(a)the exploitation of the natural resources of the sea; and
(b)any provision of any law relating to mining, precious stones, metals or minerals, including natural oil, which applies in that part of Namibia which adjoins the continental shelf,
be deemed to be State land.[subsection (2) amended by Act 30 of 1991]

7. Repeal or amendment of laws

The laws specified in the Schedule are hereby repealed or amended to the extent set out in the third column of the Schedule.

8. Short title and commencement

This Act shall be called the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990, and shall come into operation on a date to be determined by the President by proclamation in the Gazette.

Schedule

LAWS REPEALED OR AMENDED

(Section 7)[The Sea Fisheries Act 29 of 1992 repealed the Sea Fisheries Act 58 of 1973 and the items in this Schedule amending that Act.]
No. and YearShort titleExtent of repeal or amendment
Proclamation AG. 32 of 1979.Territorial Waters of South West Africa Proclamation, 1979.The repeal of the whole.
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Cited documents 1

Legislation 1
  1. Criminal Procedure Act, 1977

Documents citing this one 50

Gazette 30
  1. Namibia Government Gazette dated 1990-06-11 number 28
  2. Namibia Government Gazette dated 1990-07-10 number 44
  3. Namibia Government Gazette dated 1991-04-09 number 178
  4. Namibia Government Gazette dated 1991-12-07 number 312
  5. Namibia Government Gazette dated 1991-12-21 number 326
  6. Namibia Government Gazette dated 1991-12-30 number 332
  7. Namibia Government Gazette dated 1992-10-01 number 493
  8. Namibia Government Gazette dated 1992-12-31 number 564
  9. Namibia Government Gazette dated 1995-03-01 number 1038
  10. Namibia Government Gazette dated 1996-06-07 number 1324
  11. Namibia Government Gazette dated 1998-03-02 number 1800
  12. Namibia Government Gazette dated 1998-04-03 number 1837
  13. Namibia Government Gazette dated 1998-04-23 number 1847
  14. Namibia Government Gazette dated 1998-06-30 number 1900
  15. Namibia Government Gazette dated 1999-10-15 number 2205
  16. Namibia Government Gazette dated 2000-05-26 number 2337
  17. Namibia Government Gazette dated 2000-12-27 number 2458
  18. Namibia Government Gazette dated 2002-04-19 number 2728
  19. Namibia Government Gazette dated 2002-12-30 number 2888
  20. Namibia Government Gazette dated 2003-11-20 number 3097
  21. Namibia Government Gazette dated 2009-08-14 number 4322
  22. Namibia Government Gazette dated 2010-05-18 number 4486
  23. Namibia Government Gazette dated 2012-12-14 number 5095
  24. Namibia Government Gazette dated 2014-06-25 number 5490
  25. Namibia Government Gazette dated 2014-10-08 number 5583
  26. Namibia Government Gazette dated 2015-12-30 number 5912
  27. Namibia Government Gazette dated 2016-06-24 number 6047
  28. Namibia Government Gazette dated 2016-12-21 number 6202
  29. Namibia Government Gazette dated 2016-12-22 number 6203
  30. Namibia Government Gazette dated 2019-12-13 number 7075
Judgment 3
  1. Freiremar SA v Prosecutor General of Namibia and Another (APPEAL 72 of 1994) [1994] NAHC 5 (8 April 1994)
  2. Overberg Fishing Company (Pty) Ltd v Caltop Investment (Pty) Ltd (HC-MD-CIV-MOT-GEN 494 of 2021) [2022] NAHCMD 679 (9 December 2022)
  3. S v Redondo (SA 14 of 1991) [1992] NASC 1 (18 June 1992)
Law Reform Report 1
  1. Urgent and Targeted Report on Fisheries
Legislation 16
  1. Aquaculture Act, 2002
  2. Civil Aviation Act, 2016
  3. Customs and Excise Act, 1998
  4. Diamond Act, 1999
  5. Electoral Act, 2014
  6. Employees’ Compensation Act, 1941
  7. Income Tax Act, 1981
  8. Manning of Ships Regulations, 2003
  9. Marine Resources Act, 2001
  10. Marine Traffic Act, 1981
  11. Minerals (Prospecting and Mining) Act, 1992
  12. Namibia Industrial Development Agency Act, 2016
  13. Petroleum (Exploration and Production) Act, 1991
  14. Prevention and Combating of Pollution of the Sea by Oil Act, 1981
  15. Prevention and Combating of Terrorist and Proliferation Activities Act, 2014
  16. Value-Added Tax Act, 2000