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Sha'ban 15, 1437/Ravivara
Jyaistha 01, 1938, at 09:50:42 PM
The Territorial Waters and Maritime Zones
Act, 1976
1ACT No. LXXXII OF 1976
[31)
An Act to provide for the declaration of the territorial waters and maritime
zones of
WHEREAS it is expedient to
provide for the declaration of the territorial waters and maritime zones of
It is hereby enacted as
follows:---
1. Short title arid
commencement.___ (1) This Act may be called the Territorial
Waters and Maritime Zones Act, 1976.
(2) It shall come into
force at once.
2. Territorial waters.___(1) The sovereignty of
(2) The limit of the
territorial waters is twelve nautical miles beyond the land territory and
internal waters of
(3) The baseline from which
such limit shall be measured and the waters on the landward side of which shall
form part of the internal waters of
(4) Where a single island,
rock or a composite group thereof constituting a part of the
3. Use of territorial
waters by foreign ships.___(1) Without prejudice to the provisions of
any other law for the time being in force and subject to the provisions of
subsection (2) and subsection (3), all foreign ships shall enjoy the right of
innocent passage through the territorial waters.
1For Statement and Reasons, see Gaz., of
P., 1976, Ext, Pt., III, p. 1455.
Explanation.___For the purposes of this section, passage
is innocent so long as it is not prejudicial to the peace, good order or
security of
(2) Foreign warships,
including submarines and other under water vehicles and Foreign Military
Aircraft may enter or pass through the territorial waters and the air space
over such waters with the prior permission of the Federal Government:---
Provided that submarines
and other under water vehicles shall navigate on the surface and show their
flag while passing through such waters.
(3) Foreign super ankers,
nuclear powered ships and ships carrying nuclear or other inherently dangerous
or noxious substances or materials may enter or pass through the territorial
waters after giving prior notice to the Federal Government.
(4) The Federal Government
may, if satisfied that it is necessary so to do in the interest of the peace,
good order or security of Pakistan or any part thereof, suspend, by
notification in the official Gazette, subject to such exceptions and
qualifications, if any, as may be specified in the notification, the entry of
all or any class of foreign ships into such area of the territorial waters as
may be specified in the notification.
4. Contiguous Zone.___(1) The Contiguous Zone of Pakistan,
hereinafter referred to as the Contiguous Zone, is an area adjacent to and
beyond the territorial waters and extending seawards to a line twenty‑four
nautical miles measured from the baseline declared under sub-section (3) of
section 2.
(2) The Federal Government
may exercise such powers and take such measures in or in respect of the
Contiguous Zone as it may consider necessary to prevent and punish the
contravention of, and an attempt to contravene, any law in force in Pakistan
relating to,---
(a) the security of
(b) immigration and sanitation; and
(c) customs and other fiscal matters.
(3) The Federal Government
may, by notification in the official Gazette,---
(a) extend to the Contiguous Zone any law relating to any matter
referred to in clause (a) or clause (b) or clause (c) of sub-section (2), for
the time being in force in Pakistan or any part thereof, with such
modifications, if any, as may be specified in the notification; and
(b) make such provisions as it may consider necessary for
facilitating the enforcement of such law and any law so extended shall have
effect as if the Contiguous Zone formed part of the
5. Continental Shelf.___(1) The Continental Shelf of Pakistan,
hereinafter referred to as the Continental Shelf, shall comprise the seabed and
sub‑soil of the submarine areas that extend beyond the limit of the
territorial waters of Pakistan throughout the natural prolongation of the land
territory of Pakistan to the outer edge of the continental margin or, where the
outer edge of the continental margin does not extend up to a distance of two
hundred nautical miles from the baseline declared under sub-section (3) of
section 2, up to that distance.
(2)
1[(a) exclusive sovereign rights for the purpose of
exploiting minerals and other non-living resources of the bed and sub-soil
together with living organisms belonging to the sedentary species;]
(b) exclusive rights and jurisdiction to authorize, regulate and
control scientific research;
(c) exclusive rights and jurisdiction for the construction,
maintenance or operation of artificial islands. off shore terminals,
installations and other structures and devices necessary for the exploration
and exploitation of the resources of the Continental Shelf, for the convenience
of shipping or for any other purpose; and
(d) exclusive jurisdiction to preserve and protect the marine
environment and to prevent and control marine pollution.
2[Explanation.___For
the purpose of this sub-section, the expression “living organisms” shall mean
those organisms which, at the harvestable stage, are either immobile under the
sea-bed or are unable to move except in constant physical contract with the
sea-bed or the sub-soil.]
1Subs. by the Territorial Waters and
Maritime Zone Act, 1977 (5 of 1977), s. 2, for cl. (a).
2Explanation added, ibid.
(3) No person, including a
foreign Government, shall, except under, and in accordance with the terms of,
any agreement with the Federal Government of a licence or letter of authority
granted by the Federal Government, explore the Continental Shelf or exploit its
resources or carry out any search or excavation or conduct any research within
the Continental Shelf or drill therein or construct, maintain or operate
therein for any purpose whatsoever any artificial islands, off shore terminal,
installation or other structure or device.
(4) The Federal Government
may, by notification in the official Gazette,‑--
(a) declare any area of the Continental Shelf and its
superjacent waters to be a designated area; and
(b) make such provisions as it may deem necessary with respect
to all or any of the following matters, namely:---
(i) the exploration, development, exploitation and protection of
the resources of the Continental Shelf within such designated area;
(ii) the safety and protection of artificial islands, off‑shore
terminals, installations and other structures and devices in such designated
area
(iii) the protection of marine environment of such
designated area;
(iv) customs and other fiscal matters in relation to such
designated area; and
(v) the regulation of entry into and passage through the
designated area of foreign ships by the establishment of fairways, sealanes,
traffic separation schemes or any other mode of ensuring freedom of navigation
which is not prejudicial to the interests of Pakistan.
(5) The Federal Government
may, by notification in the official Gazette,‑--
(a) extend to the whole or any part of the Continental Shelf any
law for the time being in force in
(b) make such provisions as it may consider necessary for
facilitating the enforcement of such law;
and any law so extended shall have effect
as if the Continental Shelf or, as the case may be, the part thereof to which
it has been extended formed part of the
(6) Subject to any measures
that may be necessary for protecting the interests of Pakistan, and without prejudice
to the provisions of sub-section (2), the Federal Government may not impede
the laying or maintenance of submarine cables or pipelines on the seabed of the
Continental Shelf by foreign States:---
Provided that the consent
of the Federal Government shall be necessary for the delineation of the course
for the laying of such cables or pipelines.
6. Exclusive Economic
Zone.___(1) The Exclusive Economic Zone of
Pakistan, hereinafter referred to as the Exclusive Economic Zone, is an area
beyond and adjacent to the territorial waters the limit of which is two hundred
nautical miles from the baseline declared under sub-section (3) of section 2.
(2) In the Exclusive
Economic Zone, its bed and subsoil and the superjacent waters,
(a) exclusive sovereign rights for the purpose of exploration,
development, exploitation, conservation and management of all resources, both
living and non‑living, as well as for producing energy from tides, winds,
currents and the sun.
(b) exclusive rights and jurisdiction for the construction,
maintenance or operation of artificial islands, offshore terminals,
installations and other structures and devices necessary for the exploration
and exploitation of the resources of the Zone or for the convenience of
shipping or for any other purpose;
(c) exclusive rights and jurisdiction to authorize, regulate and
control scientific research;
(d) exclusive jurisdiction to preserve and protect the marine
environment and to prevent and control marine pollution; and
(e) such other rights as are recognized by international law.
(3) No person, including a
foreign Government, shall, except under, and in accordance with the terms of,
any agreement, with the Federal Government or a licence or letter of authority
granted by the Federal Government, explore or exploit any resources of the Exclusive
Economic Zone or carry out any search or excavation or conduct any research
within the Exclusive Economic zone or drill therein or construct, maintain or
operate;, therein for any purpose whatsoever any artificial island, off‑shore
terminal, intallation or other structure or device:---
Provided that fishing in
the Exclusive Economic Zone shall be regulated by the provisions of the
Exclusive Fishery Zone (Regulation of Fishing) Act, 1975 (XXII of 1975).
(4) The Federal Government
may, by notification in the official Gazette,---
(a) declare any area of the Exclusive Economic Zone to be a
designated area; and
(b) make such provisions as it may deem necessary with respect
to all or any of the following matters, namely,---
(i) the exploration, development, exploitation and protection of
the resources of such designated area;
(ii) other activities for the economic exploitation and
exploration of such designated area, such as the production of energy from
tides, winds, currents and the sun;
(iii) the safety and protection of artificial islands, off‑shore
terminals, installations and other structures and devices in such designated
area;
(iv) the protection of marine environment of such
designated area;
(v) customs and other fiscal matters in relation to such
designated area; and
(vi) the regulation of entry into and passage through the
designated area of foreign ships by the establishment of fairways, sealanes,
traffic separation schemes or any other mode of ensuring freedom of navigation
which is not prejudicial to the interest of Pakistan.
(5) The Federal Government
may, by notification in the official Gazette,---
(a) extend to the whole or any part of the Exclusive Economic
Zone any law for the time being in force in Pakistan or any part thereof
subject to such modifications as may be specified in the notification; and
(b) make such provisions as it may consider necessary for
facilitating the enforcement of such law, and any law so extended shall have
effect as if the Exclusive Economic Zone or, as the case may be, the part
thereof to which it has been extended formed part of the territory of Pakistan.
(6) The provisions of
sub-section (6) of section 5 shall apply in relation to the laying or
maintenance of submarine cables or pipelines on the seabed of the Exclusive
Economic Zone as they apply in relation to the laying or maintenance of
submarine cables or pipelines on the seabed of the Continental Shelf.
(7) 1n the Exclusive
Economic Zone and the air space over the Zone, ships and aircraft of all States
shall, subject to the exercise by Pakistan of its rights within the Zone, enjoy
freedom of navigation and over-flight.
7. Historic waters.___(1) The Federal Government may, by
notification in the official Gazette, specify the limits of such waters
adjacent to its land territory as are the historic waters of
(2) The sovereignty of
8. Maritime boundaries
between
(a) the delimitation of the territorial waters between Pakistan
and any other State whose coast is opposite or adjacent to that of Pakistan
shall be determined by agreement between Pakistan and such State and pending
such agreement and unless any other provisional arrangements are agreed to
between them, the boundary with regard to the territorial waters between
Pakistan and such State shall not extend beyond the line every point of which
is equidistant from the baseline from which the breadth of tee territorial
waters of Pakistan and of such State is measured; and
(b) the delimitation of the Contiguous Zone, the Continental
Shelf, the Exclusive Economic Zone and other maritime zones between Pakistan
and any other State whose coast is opposite or adjacent to that of Pakistan
shall be effected by agreement in accordance with equitable principles and
taking account of all the relevant circumstances, and pending such agreement or
a settlement Pakistan and such State shall make provisional arrangements taking
into account the said principles for delimitation of the Contiguous Zone, the
Continental Shelf, the Exclusive Economic Zone and other maritime zones.
(2) Every agreement
referred to in clauses (a) and (b) of sub-section (1) shall, as soon as may be
after it is entered into, be published in the official Gazette.
9. Publication of
charts. The Federal
Government may cause the baseline referred to in sub-section (3) of section 2,
the limits of the Territorial Waters, the Contiguous Zone, the Continental
Shelf and the Exclusive Economic Zone and the maritime boundaries as settled by
agreements referred to in section 8 to be published in charts.
10. Offences. Whoever contravenes any provision of
this Act or of any rule or notification made or issued thereunder shall,
without prejudice to any other action which may be taken against such person
under any other provision of this or of any other law, be punishable with
imprisonment for a term whcih may extend to three years, or with fine, or with
both.
11. Offences by
companies.___(1) Where an offence punishable under section
10 has been committed by a company, every person who, at the time the offence
was committed, was in charge of, and was responsible to the company for, the
conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:---
Provided that nothing
contained in this subsection shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding
anything contained in sub-section (1), where an offence punishable under
section 10 has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or is attributable to any
neglect on the part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer shall also
be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.___For the purpose of this section,---
(a) ”company” means any body corporate and includes a firm or
other association of individuals; and
(b) ”director”, in relation to a firm, means a partner in the
firm.
12. Place of trial. Any person committing an offence
punishable under section 10 or under any of the laws extended under this Act
may be tried for the offence in such place or places as the Federal Government
may, by general or special order ‑ published in the official Gazette,
direct in this behalf.
13. Previous sanction of
the Federal Government for prosecution. No prosecution shall be instituted against any person in
respect of any offence punishable under section 10 or under any of the laws
extended under this Act without the previous sanction of the Federal Government
or such officer or authority as may be authorised by that Government by order
in writing in this behalf.
14. Power to make rules.___(1) The Federal Government may, by notification
in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and
without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely,---
(a) regulation of the conduct of any person in the Territorial
Waters, the Contiguous Zone, the Continental Shelf, the Exclusive Economic Zone
or any other maritime zone of Pakistan;
(b) regulation of the exploration, development, exploitation,
conservation and management. or the resources of the Continental Shelf;
(c) regulation of the exploration, development, exploration,
conservation and management of the resources of the Exclusive Economic Zone;
(d) regulation of the construction, maintenance and operation of
artificial islands, off-shore terminals, installations and other structures and
devices referred to in section 5 and section ,6;
(e) preservation and protection of the marine environment and
prevention and control of marine pollution;
(f) authorisation, regulation and control of the conduct of
scientific research;
(g) fees in relation to licences and letters of authority
referred to in subsection (3) of section 5 and sub-section (3) of section 6 or
for any other purpose; or
(h) any matter incidental to any of the matters specified in
clauses (a) to (g).
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