UNOFFICIAL TRANSALTION

The Timor-Leste Maritime Zones Act

An Act to make provision with respect to the territorial sea and the continental shelf; to establish a contiguous zone and an exclusive economic zone adjacent to and beyond the territorial sea; and for related purposes.

Be it enacted by the President and Parliament as follows:

PART 1 - PRELIMINARY

Article 1
Short Title and Commencement

1. This Act may be cited as the Maritime Zones Act, 2002.

2. This Act shall come into force on 20 May 2002.

Article 2
Interpretation

For the purposes of this Act:

"Baselines" means the baselines from which the breadth of the territorial sea is measured, as described in articles 3 and 4 of this Act;

"Contiguous zone" means the contiguous zone of East Timor as described in article 7 of this Act;

"Continental shelf" means the continental shelf of East Timor as described in article 9 of this Act;

"East Timor" includes the enclave of Oecusse, the islands of Ataúro and Jaco, together with other islands and features constituting dependencies capable of appropriation;

"Exclusive economic zone" means the maritime zone beyond and adjacent to the territorial sea of East Timor as established by article 8 of this Act;

"Internal waters" means the internal waters of East Timor as described in article 5 of this Act;

"Low-water line" means the low-water line of the coasts of East Timor as shown on the largest scale charts officially recognized by the Government of East Timor;

"Minister" is the Minister designated by the Prime Minister as having responsibility for East Timor's maritime zones and jurisdiction;

"Nautical mile" means the International Nautical Mile of 1852 metres; and

"Territorial Sea" means the territorial sea of East Timor as described in article 6 of this Act.

PART 2 - BASELINES

Article 3
Normal Baseline

1. Subject to Article 4, the normal baseline for measuring the breadth of the territorial sea of East Timor is the low-water line along the coast of East Timor.

2. The outermost permanent harbour works, which form an integral part of the harbour system, are regarded as forming part of the coast.

Article 4
Rivers and Bays

1. Where rivers flow directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks.

2. Subject to the relevant rules of international law, where the curvature of the coast forms a bay, the baseline shall be a straight line between the low water marks of the natural entrance points of the bay.

3. Paragraph 2 does not apply to "historic bays". The Minister may declare a bay to be a historic bay and may define the seaward limits of that bay.

PART 3 - OUTER LIMITS OF MARITIME ZONES

Article 5
Internal Waters

The outer limit of the internal waters of East Timor is the baseline from which the breadth of the territorial sea of East Timor is measured.

Article 6
Territorial Sea

The outer limit of the territorial sea of East Timor is the line every point of which is at a distance of twelve nautical miles from the nearest point of the baseline.

Article 7
Contiguous Zone

The outer limit of the contiguous zone of East Timor is the line every point of which is at a distance of twenty-four nautical miles from the nearest point of the baseline.

Article 8
Exclusive Economic Zone

The outer limit of the exclusive economic zone of East Timor is the line every point of which is at a distance of two hundred nautical miles from the nearest point of the baseline.

Article 9
Continental shelf

The outer limit of the continental shelf of East Timor is the line every point of which is at a distance of two hundred nautical miles from the nearest point of the baseline, or the outer edge of the continental margin, where the continental margin extends beyond two hundred nautical miles from the baseline.

PART 4 - OVERLAPPING MARITIME ENTITLEMENTS

Article 10
Overlapping Maritime Entitlements

Notwithstanding Articles 6 to 9, where the maritime entitlements of East Timor overlap with the maritime entitlements of neighbouring states, the question of delimitation shall be settled by peaceful means of dispute settlement, in accordance with Article 33 of the Charter of the United Nations, taking into account the relevant principles and rules of international law on maritime delimitation.

PART 5 - SOVEREIGNTY, SOVEREIGN RIGHTS AND JURISDICTION

Article 10
Sovereignty, Sovereign Rights and Jurisdiction

1. The sovereignty of East Timor extends, beyond its land territory and internal waters, to the territorial sea, to the air space over the territorial sea as well as to its seabed and subsoil.

2. In its contiguous zone, East Timor exercises the control necessary to:

(a) Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;

(b) Punish infringement of the above laws and regulations committed within its territory or territorial sea.

3. East Timor has:

(a) Sovereign rights in the exclusive economic zone of East Timor 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 exclusive economic zone of East Timor, such as the production of energy from the water, currents and winds;

(b) Jurisdiction in the exclusive economic zone of East Timor 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 in the exclusive economic zone of East Timor provided for under international law.

4. East Timor exercises throughout its continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources, as well as such other rights as are recognised under international law. These sovereign rights exercised over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.