*EXCLUSIVE ECONOMIC ZONE ACT 1984

The provisions of this Act pertaining to the continental shelf shall be in addition to, and not in derogation of, the provisions of the

Continental Shelf Act 1966 [Act 83].

In the event of any conflict or inconsistency between the provisions of this Act and of any applicable written law, the provisions of this Act shall supersede the conflicting or inconsistent

8 Laws of Malaysia ACT 311

provisions of that applicable written law and the latter shall be construed as so superseded.

The provisions of any applicable written law which are not in conflict or inconsistent with the provisions of this Act shall otherwise continue to apply.

This Act shall come into force on such date as the

Yang di-Pertuan Agong may appoint by notification in the Gazette and he may appoint different dates for the coming into force of different provisions of this Act in different areas of the exclusive economic zone and continental shelf.

Interpretation

provided to be applicable in respect of the exclusive economic zone, continental shelf or both, as the case may be, by an order made under section 42 or otherwise specifically provided to be so applicable; or

applicable in respect of the continental shelf under the provisions of the Continental Shelf Act 1966, and includes the Continental Shelf Act 1966;

―authorized officer‖ means any fishery officer as defined in section 2 of the *Fisheries Act 1985 [Act 317], any port officer as defined in section 2 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952], any police officer not below the rank of sergeant as defined in section 2 of the Police Act 1967 [Act 344], any customs officer as defined in section 2 of the Customs Act 1967 [Act 235], any officer of the armed forces as defined in section 2 of the Armed Forces Act 1972 [Act 77], any public officer, irrespective of rank, in command of a vessel

*NOTE—The Fisheries Act 1963 [Act 210] has been repealed by the Fisheries Act 1985 [Act 317]–see section 62 of Act 317.

Exclusive Economic Zone 9

belonging to the Government or any other person or class of persons appointed to be an authorized officer or authorized officers under section 39;

―continental shelf‖ means the continental shelf of Malaysia as defined in section 2 of the Continental Shelf Act 1966;

―Director General‖ means the Director General of Environmental

Quality as defined in section 2 of the Environmental Quality Act 1974 [Act 127];

―dumping‖ means—

any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea; or

any deliberate disposal of vessels, aircraft or other man-made structures at sea, but ―dumping‖ does not include—

the disposal of wastes or other matter incidental to, or derived from, the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures; or

a mixture with an oil content of one hundred parts or more in one million parts of the mixture; or

a mixture with such oil content as is prescribed by the

Minister charged with responsibility for the environment by order in the Gazette to be a mixture containing oil for the purposes of this Act;

―oil‖ means—

crude oil, diesel oil, fuel oil or lubricating oil; or

any other description of oil which is prescribed by the

Minister charged with responsibility for the environment

Exclusive Economic Zone 11

by order in the Gazette to be oil for the purposes of this

Act;

―owner‖, in relation to a vessel, means any person or body of persons, whether incorporated or not, by whom the vesselis owned and includes any charterer, sub-charterer, lessee or sublessee of the vessel;

―pollutant‖ means any substance which, if introduced into the sea, is liable to create hazards to human health or to harm living resources in the sea or other marine life, or to damage amenities or interfere with other legitimate uses of the sea and, without limiting the generality of the foregoing, includes any substance that is prescribed by the Minister charged with responsibility for the environment by order in the Gazette to be a pollutant for the purposes of this Act;

―State‖ shall have the meaning assigned to that expression under international law;

―territorial sea‖ means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers) Ordinance,

No. 7 of 1969 [P.U. (A) 307A/1969];

―this Act‖ includes regulations and other subsidiary legislation made under this Act and anything done under this Act or under such regulations or other subsidiary legislation;

―vessel‖ includes every description of ship or floating or submarine craft or structure;

―waste‖ includes—

any matter, whether liquid, solid, gaseous or radioactive, which is discharged, emitted, deposited or dumped in the marine environment in such volume, composition or manner as to cause an alteration of the environment; or

any matter which is prescribed by the Minister charged with responsibility for the environment by order in the

Gazette to be waste for the purposes of this Act.

12 Laws of Malaysia ACT 311

Where there is an agreement in force on the matter between

Malaysia and a State with an opposite or adjacent coast, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.

(Deleted by Act A1277)

Where, having regard to international law, State practice or an agreement referred to in subsection (2), the Yang di-Pertuan Agong considers it necessary so to do, he may by order published in the

Gazette alter the limits of the exclusive economic zone determined in accordance with subsection (1).

Sovereign rights in, and jurisdiction over, the exclusive economic zone

sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the sea-bed and subsoil and the superjacent waters, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

Exclusive Economic Zone 13

jurisdiction with regard to—

the establishment and use of artificial islands, installations and structures;

such other rights and duties as are provided for by international law.

Prohibition of activities in the exclusive economic zone or on the continental shelf except where authorized

explore or exploit any natural resources, whether living or non-living;

carry out any search, excavation or drilling operations;

conduct any marine scientific research; or

construct or authorize and regulate the construction, operation and use of—

any artificial island;

14 Laws of Malaysia ACT 311

the owner or master of the vessel, if the discharge or escape is from a vessel;

the owner or occupier of the place on land, if the discharge or escape is from land;

the owner or person in charge of the installation or device, if the discharge or escape is from an installation or a device; or

the owner or pilot of the aircraft, if the discharge or escape is from an aircraft, shall each be guilty of an offence and shall be liable to a fine not exceeding one million ringgit.

Where the act or omission of a person other than any of the persons mentioned in subsection (1) caused the discharge or escape mentioned in that subsection, then such other person shall also be guilty of an offence and shall be liable to a fine not exceeding one million ringgit.

Subsection (2) shall not operate to absolve or relieve the persons mentioned in subsection (1) from liability for an offence under subsection (1).

Notwithstanding the provisions of this section, dumping of wastes or other matter may be carried out under a licence issued by the Director General and subject to such conditions as he may impose.

Any person who fails to comply with this section shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand ringgit.

Measures relating to a maritime casualty

The measures referred to in subsection (1) shall be proportionate to the actual or threatened damage to the coastline or segment or element of the environment or related interests, including fishing.

Directions and action to remove, disperse, destroy or mitigate damage

Any person who fails to comply with any direction given by the Director General under subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand ringgit.

The owner and the master of the vessel, the owner and the occupier of the place on land, the owner and the person in charge of the installation or device, or the owner and the pilot of the aircraft, as the case may be, from which the substance mentioned in section 10

was discharged or escaped shall be liable jointly and severally for all costs and expenses incurred in carrying out all or any of the work required under subsection (1) to remove, disperse, destroy or mitigate the damage or threat of damage, and such costs and expenses shall be a first charge on any property or interest held by such person.

Where the Act or omission of a person other than any of the persons mentioned in subsection (3) caused such discharge or escape, then such other person shall also be liable jointly and severally with the persons mentioned in that subsection for all costs and expenses incurred in carrying out all or any of the work required under subsection (1) to remove, disperse, destroy or mitigate the damage or threat of damage, and such costs and expenses shall be a first charge on any property or interest held by such other person.

18 Laws of Malaysia ACT 311

Power to detain and sell vessel

The Director General may release any vessel detained under subsection (1) upon the owner depositing with the Government such sum of money or furnishing such security as, in the opinion of the

Director General, would be adequate to meet all costs and expenses incurred in carrying out the work required to remove, disperse, destroy or mitigate the damage or threat of damage caused by such escape or discharge.

If any vessel which has been detained proceeds to sea without being released under subsection (2), the owner or master of the vessel or any other person who causes the vessel to proceed to sea shall be guilty of an offence and shall be liable to a fine not exceeding one million ringgit.

Where the owner or master of such vessel or any other person found guilty of an offence under this section is unable to pay the fine or the costs and expenses incurred in carrying out the work required under subsection 14(1), the court may, on the application of the

Director General, order the sale of such vessel and the application of the proceeds of the sale towards the payment of the fine and the costs and expenses incurred.

Subject to section 17, the Government shall give its consent where the marine scientific research would be carried out by any

State or competent international organization for peaceful purposes and to increase scientific knowledge of the marine environment.

Right to withhold consent

is of direct significance to the exploration and exploitation of natural resources, whether living or non-living;

involves drilling into the continental shelf, the use of explosives or the introduction of pollutants into the marine environment;

involves the construction, operation or use of artificial islands, installations or structures;

contains information communicated pursuant to section 18

regarding the nature and objectives of the project which is inaccurate or if the researching State or competent international organization has outstanding obligations to

Malaysia from a prior research project; or

would interfere with activities undertaken by Malaysia in the exercise of its sovereign rights and jurisdiction provided for under this Act, any applicable written law or international law.

Duty to provide information

20 Laws of Malaysia ACT 311

months in advance of the expected starting date of the marine scientific research project, provide the Government with a full description of—

the nature and objectives of the project;

the method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment;

the precise geographical areas in which the project is to be conducted;

the expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;

the name of the sponsoring institution, its director, and the person in charge of the project; and

the extent to which it is considered that Malaysia should be able to participate or to be represented in the project.

Duty to comply with certain conditions

ensure the right of the Government, if it so desires, to participate or be represented in the marine scientific research project, especially on board research vessels and other craft or scientific research installations, when practicable, without payment of any remuneration to the scientists of Malaysia and without obligation to contribute towards the costs of the project;

Exclusive Economic Zone 21

provide the Government with preliminary reports, as soon as practicable, and with the final results and conclusions after the completion of the research;

undertake to provide access for the Government, at its request, to all data and samples derived from the project and likewise to furnish it with data which may be copied and samples which may be divided without detriment to their scientific value;

if requested, provide the Government with an assessment of such data, samples and research results or provide assistance in their assessment or interpretation;

ensure, unless otherwise specified by the Government, that the research results are made internationally available through appropriate national or international channels, as soon as practicable;

inform the Government immediately of any major change in the research programme;

unless otherwise agreed, remove the scientific research installations or equipment once the research is completed.

This section is without prejudice to the conditions established by the Government for the exercise of its discretion to give or withhold consent pursuant to section 16 or 17, as the case may be, including requiring prior agreement for making internationally available the research results of a project of direct significance for the exploration and exploitation of natural resources.

Suspension or cessation of marine scientific research activities

22 Laws of Malaysia ACT 311

the research activities are not being conducted in accordance with the information provided under section 18 upon which the consent of the Government was based;

or

the State or competent international organization conducting the research activities fails to comply with the provisions of section 19.

The Government may order the cessation of any marine scientific research activities—

Following notification by the Government of the order of suspension or cessation, the State or competent international organization shall immediately terminate all or any of the marine scientific research activities that are the subject of such a notification.

An order of suspension under subsection (1) may be lifted by the Government and the marine scientific research activities allowed to continue if the researching State or competent international organization complies with the conditions required under sections 18

and 19 within a reasonable period of time, as determined by the

Government.

Exclusive Economic Zone 23

The Government shall have exclusive jurisdiction over artificial islands, installations and structures in the zone and on the continental shelf, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws.

The Government may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.

The breadth of the safety zones shall be determined by the

Government, taking into account applicable international standards.

Due notice shall be given of the extent of the safety zones.

All vessels must respect these safety zones and shall comply with any directions which the Government may give in accordance with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.

24 Laws of Malaysia ACT 311

Without prejudice to subsection (1), the Government may impose such conditions as it may consider necessary for the laying or maintenance of such cables and pipelines in the exercise of its right to take reasonable measures for the exploration of the continental shelf, the exploitation of natural resources and the prevention, reduction and control of pollution from such cables or pipelines.

Duty of owner of submarine cable or pipeline

stop, board and search any vessel within the exclusive economic zone and inspect any licence, permit, record, certificate or any other document required to be carried on board such vessel under this Act, such written law or any generally accepted international rules and standards, and make copies of the same;

make such further enquiries and physical inspection of the vessel, its crew, equipment, gear, furniture, appurtenances, stores and cargo as may be necessary to ascertain whether or not a suspected violation of the provisions of this Act or such written law has been committed;

enter and search any place in which he has reason to believe that an offence under this Act or such written law is about to be or has been committed;

arrest any person who he has reason to believe has committed any offence under this Act or such written law;

detain any article which he has reason to believe has been used in the commission of any offence under this Act or such written law;

detain any vessel, including its equipment, gear, furniture, appurtenances, stores and cargo, which he has reason to believe has been used in the commission of any offence or in relation to which any offence has been committed under this Act or such written law.

A written acknowledgement shall be given for any article, vessel or thing detained under subsection (1).

Hot pursuit

26 Laws of Malaysia ACT 311

vessel with a view to stopping and arresting it and bringing it within the exclusive economic zone in accordance with international law.

The powers conferred on an authorized officer under section 24 shall be exercisable pursuant to this section in respect of such vessel beyond the limits of the exclusive economic zone to the extent allowed by international law.

Except as otherwise provided by any regional or bilateral agreement to which Malaysia is a party, the right of hot pursuit shall cease as soon as the vessel pursued enters the territorial sea or exclusive economic zone of its own State or any third State.

How person arrested to be dealt with

No authorized officer shall keep in custody a person arrested for a longer period than under all the circumstances of the case is reasonable.

Such period shall not in the absence or after the expiry of a special order of a Magistrate under section 117 of the Criminal

Procedure Code [Act 593] exceed twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the

Magistrate’s Court.

How detained vessel to be dealt with

wilfully obstructs any authorized officer in the exercise of any of the powers conferred on him by this Act or any applicable written law;

fails to comply with any lawful order or requirement under this Act or such written law; or

fails to comply with any of the provisions of this Act or such written law for which no punishment is provided for failure to comply therewith, shall be guilty of an offence.

Where an article, vessel, or thing is detained under the provisions of this Act or any applicable written law, the authorized officer who detains the article, vessel or thing shall, as soon as may be, cause notice thereof to be given in writing to the owner; and where the owner cannot be found, a notice to that effect shall be published in the Gazette and, if the article, vessel or thing is foreign-owned, the authorized officer shall cause the diplomatic representative in Malaysia of the flag State of the vessel concerned or of the country of which the owner of the article or thing is a national to be informed of such fact through the Ministry responsible for foreign affairs.

If the owner of the article, vessel or thing cannot be found in spite of all courses of action taken under subsection (2) and by reason of the owner not being found proceedings under this Act or any applicable written law cannot be instituted, the article, vessel or thing detained shall be held for a period of one month from the date of the last course of action taken under subsection (2) at the end of which

Exclusive Economic Zone 29

period the article, vessel or thing shall be forfeited to the Government unless a claim is received in respect thereof within the aforesaid period, in which event an enquiry shall be held by a court of competent jurisdiction to determine the validity of the claim and the article, vessel or thing shall be disposed of in such manner as the court may direct.

Power of court to order forfeiture

Subsection (1) shall not be construed as derogating in any way from the jurisdiction and powers of the High Court to try any offence under any written law.

Any proceedings in respect of an offence under this Act or any applicable written law shall be brought before the Sessions Court or the Court of a Magistrate of the First Class which is nearest the place where the offence was committed, or which is located in the most convenient place for trial in the circumstances of the case as determined by the Public Prosecutor.

This section shall be without prejudice to the provisions of the

Criminal Procedure Code relating to the transfer of cases.

Presumption as to maps, plans or charts made by authority of

Governments

the Federal Government;

the Government of any State in Malaysia; or

Exclusive Economic Zone 31

the Government of a State as defined in section 2 and approved by the Federal Government or the Government of any State in Malaysia for use, were so made and are accurate.

Prosecution of offence

When a person is brought before a court under this section before the Public Prosecutor has consented to the prosecution, the charge shall be read and explained to him but he shall not be called upon to plead thereto, and the provisions of the Criminal Procedure

Code shall be modified accordingly.

Yang di-Pertuan Agong may appoint other persons to be authorized officers

Where the act or omission of a person other than any of the persons mentioned in subsection (1) caused such damage, discharge or escape, then such other person shall also be liable jointly and severally with the persons mentioned in that subsection for such damage, unless otherwise provided under this Act or such written law.

Without prejudice to the generality of subsections (1) and (2)

such liability shall extend to the payment of compensation for any damage caused to a person, vessel, gear, facility or structure used in any activity, including fishing and related activities, connected with the exercise of the rights of the Government and Malaysian nationals, and of other persons where such rights are exercised with the consent of the Government, in the exclusive economic zone or on the continental shelf, and compensation shall also be paid for policing and surveillance activities and activities for the protection of the environment and shipping necessitated by the damage referred to in subsection (1).

Any claim for compensation under this section may be brought before any High Court, Sessions Court or Court of a

Magistrate of the First Class in Malaysia, as the case may be,

Exclusive Economic Zone 33

according to the value or amount of the claim; and where a claim is so brought, the court concerned shall have full jurisdiction and powers to adjudicate thereon.

Without prejudice to the generality of subsection (1), such regulations may provide for any of the following matters:

Any order made by the Yang di-Pertuan Agong under this section may provide for such written law to be applicable with such modifications or exceptions thereto as he considers necessary and where he so does, such written law shall be construed accordingly in its application in the exclusive economic zone, on the continental shelf or both.

The modifications mentioned in subsection (2) may include amendments to such written law which the Yang di-Pertuan Agong may consider necessary—

Any order made under this section shall be laid before the

House of Representatives as soon as may be after it is made, and if a motion is moved and carried by that House, within three months of the date on which the order is laid before it, disallowing the order, the order shall thereafter be void but without prejudice to the validity of anything done under the order or to the making of any new order.

_______________

35

Act 311

LIST OF AMENDMENTS

Amending law

Short title In force from

Act A1277

Exclusive Economic Zone

01-05-2007

(Amendment) Act 2006

_________________

36

Act 311

LIST OF AMENDMENTS

Section Amending authority In force from

3

Act A1277

01-05-2007

______________