Territorial Sea and Exclusive Economic Zone of Namibia Act (Act No. 3 of 1990).

This Act is one of the first expressions of sovereignty of the newly independent Namibia. In section 2 of the Act Namibia determines the extent of its territorial sea to 12 nautical miles measured from the low water line. Section 4 of the Act concerns the Exclusive Economic Zone (EEZ) and stipulates the following: the sea outside the territorial sea but within a distance of 200 miles shall constitute the EEZ of Namibia (sect. 4); Namibian laws relating to exploitation, exploration, conservation or management of the natural resources (living or non-living) of the sea, shall apply (sect. 4.3(a)); Namibia shall have the power to prevent the contravention of any fiscal law or any law relating to customs, immigration, health or the natural resources of the sea (sect. 4.4). Section 5 of the Act is of particular interest and is quoted in full: "5. 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 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, as the case may be, 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 it deems fit." This section intends to prevent any legal problems arising from the uncertainties over Walvis Bay.
Section 6 of the Act covers the continental shelf.