Maritime Zones Act, 1989 (Cap. 371).
Country
Type of law
Legislation
Abstract
This Act is intended to replace the Territorial Waters Act and the Continental Shelf Act. The Act is divided into four Parts. Part I; Preliminary.- This part includes definitions of the following terms: exclusive economic zone, fishing craft, installation, maritime zones, natural resources, nautical mile.
Part II; Territorial Waters. The breadth of the territorial sea shall be twelve nautical miles calculated in conformity to the provisions of the United Nations Convention on the Law of the Sea (sect. 3.2). However on the coastline of the neighbouring states the breadth of the territorial waters shall be measured according to the equidistance principle (sect. 3.4). Finally Kenya declares that Ungwana Bay (formerly known as Formosa Bay) shall be deemed to be and always to have been an historic bay (sect. 3.3). Part III; Exclusive Economic Zone (hereinafter EEZ). In this part section 4 deals with the establishment and delimitation of the EEZ (which is 200 nautical miles from the point on the baselines, low water marks or low tide elevations). Section 5 states Kenya's sovereign rights with respect to the exploitation and conservation and management of the natural resources of the zone whereas section 6 recognizes the rights of other states in conformity with United Nations Convention on the Law of Sea provisions. Section 7 affirms that any offence occurring within the EEZ in connection with the sovereign rights stated in section 5 is submitted to the jurisdiction of the courts of Kenya.
Finally, section 8, while asserting the applicability of the provisions of the Fisheries Act No.5 of 1989, allows any foreign fishing craft to be used for fishing within the EEZ for the purpose of fisheries research or of experimentation or sport subject to the prior consent of the Minister. Part IV; Miscellaneous Provisions. Section 9 provides the Minister with the powers to enact regulations that may be necessary or expedient for carrying out the objects and purposes of this Act; this section lists also a certain number of them. Section 11 gives the Minister powers to modify any provisions of this Act in order to give effect to relevant international agreements. The Maritime Zones Act is completed by two schedules. The first one contains the delimitation of the territorial waters whereas the second schedule includes the modifications to the existing legislation.
Part II; Territorial Waters. The breadth of the territorial sea shall be twelve nautical miles calculated in conformity to the provisions of the United Nations Convention on the Law of the Sea (sect. 3.2). However on the coastline of the neighbouring states the breadth of the territorial waters shall be measured according to the equidistance principle (sect. 3.4). Finally Kenya declares that Ungwana Bay (formerly known as Formosa Bay) shall be deemed to be and always to have been an historic bay (sect. 3.3). Part III; Exclusive Economic Zone (hereinafter EEZ). In this part section 4 deals with the establishment and delimitation of the EEZ (which is 200 nautical miles from the point on the baselines, low water marks or low tide elevations). Section 5 states Kenya's sovereign rights with respect to the exploitation and conservation and management of the natural resources of the zone whereas section 6 recognizes the rights of other states in conformity with United Nations Convention on the Law of Sea provisions. Section 7 affirms that any offence occurring within the EEZ in connection with the sovereign rights stated in section 5 is submitted to the jurisdiction of the courts of Kenya.
Finally, section 8, while asserting the applicability of the provisions of the Fisheries Act No.5 of 1989, allows any foreign fishing craft to be used for fishing within the EEZ for the purpose of fisheries research or of experimentation or sport subject to the prior consent of the Minister. Part IV; Miscellaneous Provisions. Section 9 provides the Minister with the powers to enact regulations that may be necessary or expedient for carrying out the objects and purposes of this Act; this section lists also a certain number of them. Section 11 gives the Minister powers to modify any provisions of this Act in order to give effect to relevant international agreements. The Maritime Zones Act is completed by two schedules. The first one contains the delimitation of the territorial waters whereas the second schedule includes the modifications to the existing legislation.
Attached files
Long title of text
An Act of Parliament to consolidate the law relating to the territorial water and the continental shelf of Kenya; to provide for the establishment and delimitation or the exclusive economic zone of Kenya; to provide for the exploration and exploitation and conservation and management of the resources of the maritime zones; and for connected purposes.
Date of text
Notes
Reprinted edition of 2012 of Act No. 6 of 1989.
Repealed
No
Serial Imprint
The Kenya Gazette, Supplement No. 62 (Acts No. 3), 25 August 1989, pp. 35-42.
Publication reference
UNEP - ENVIRONMENTAL MANAGEMENT IN AFRICA COMPENDIUM.
Source language
English
Legislation Amendment
No