TONGA

The Territorial Sea and Exclusive Economic Zone Act
NO. 30 of 1978

I assent,
TAUFA’AHAU TUPOV IV,
25th June, 1979.

AN ACT

TO MAKE PROVISION WITH RESPECT TO THE TERRITORIAL SEA OF TONGA; AND TO ESTABLISH AN EXCLUSIVE ECONOMIC ZONE OF TONGA ADJACENT TO THE TERRITORIAL SEA, AND IN THE EXERCISE OF THE SOVEREIGN RIGHTS OF TONGA TO MAKE PROVISION FOR THE EXPLORATION AND EXPLOITATION, AND CONSERVATION AND MANAGEMENT, OF THE RESOURCES OF THE ZONE: AND FOR MATTERS CONNECTED WITH THOSE PURPOSES.

[23rd October, 1978.]

BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:

Short title and commencement

1.-(1) This Act may be cited as The Territorial Sea and Exclusive Economic Zone Act, 1978.

(2) This Act shall come into force on a date to be appointed by the King in Privy Council.

Interpretation

2.-(1) In this Act, unless the context otherwise requires,-

"Bay" means an indentation of the coast such that its area is not less than. that of the semi-circle whose diameter is a line drawn across the mouth of the indentation (for the purposes of which definition -

(a) The area of a indentation shall be taken to be the area bounded by low-water mark around the shore of the indentation and the straight line joining the low-water marks of its natural entrance points; and

(b) Where, because of the presence of islands, an indentation has more than one mouth, the length of the diameter of the semicircle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths; and

(c) In calculating the area of an indentation, the area of any islands lying within it shall be treated as part of the area of the indentation):

"Exclusive economic zone" and "zone" mean the exclusive economic zone of Tonga described in Section 9 of this Act;

"Fish" means every description of fish and shellfish and their young ,or fry or spawn, and includes sedentary species of fish, mammals, and all other forms of marine life;

"Fishery" means one or more stocks of fish that can be treated as a unit for the purposes of conservation and management;

"Fishing" means -

(a) Taking any fish; or

(b) Engaging in any activity relating to the taking of any fish, including (inter alia) any activity involving the preparation, supply, storage, refrigeration, transportation, or processing of any fish; or

(c) Engaging in any activity relating to the provision of any services to any fishing craft to enable or assist that craft to engage in fishing;

"Fishing craft" means any vessel, aircraft, hovercraft, submersible craft, or other craft, or whatever size, that is capable of being used for fishing;

"Foreign fishing craft" means any fishing craft that is not a Tongan fishing craft;

"Highly migratory species" means species that, in the course of their life cycle, migrate over great distances of ocean;

"International agreement" means any bilateral or multilateral treaty,. convention, or agreement, to’ which Tonga is a party, and any understanding concluded by the Government of Tonga and the government of any other country;

"Island" means a naturally formed area of land that is surrounded by and above water at mean high-water spring tides;

"Licence" means a licence issued under Section 15 of this Act in respect of a foreign fishing craft; and "licensed" has a corresponding meaning;

"Licensee" means the person to whom a licence is issued;

"Low-tide elevation" means a naturally formed area of land that is surrounded by and above water at mean low-water spring tides but is submerged at mean high-water spring tides;

"Master," in relation to a fishing craft, means the person for the time being having command or charge of the craft;

"Median line" as between Tonga and any other country, means a line every point of which is equidistant from the nearest points of the baseline of the territorial sea of Tonga and the corresponding baseline of that other country;

"Minister" means the Minister responsible for Fisheries;

"Nautical mile" means the international nautical mile of 1852 metres;

"Tongan fishing craft" means a fishing craft -

(a) That is registered in Tonga under the Shipping Act 1972; or

(b) That is an aircraft registered in Tonga under the Civil Aviation Act 1973; or

(c) In which no person who is not a Tongan citizen has any legal or equitable interest (except by way of. security only for any advance made by him to the owner);

"Tonga Government ship" means a ship that is owned, by Government;

"Owner" in relation to a fishing craft, includes any body of persons, whether. incorporated or not, by whom the craft is owned, and any charterer, sub-charterer, lessee, or sub-lessee of- the craft;

"Prescribed" means prescribed by regulations made under this Act;

"Shellfish" includes every description of molluscs, crustaceans, and echinoderms and their young or spawn;

"Take" includes –

(a) To take, catch, kill, attract, or pursue by any means or device; and

(b) To attempt to do any act specified in paragraph (a) of this definition;

"Total allowable catch," with respect to the yield from any fishery means the amount of fish that will produce from that fishery the maximum sustainable yield, as qualified by any relevant economic or environmental factors, fishing patterns, the inter-dependence of stocks of fish, and any generally recommended subregional, regional or global standards.

(2) For the purpose of this Act, permanent harbour works that form an integral part of a harbour system shall be treated as forming part of the coast

PART I
THE TERRITORIAL SEA OF TONGA

3. The territorial sea of Tonga comprises those areas of the sea having, as their inner limits, the baseline described in Sections 5 sea. and 6 of this Act and, as their outer limits, a line measured seaward from that baseline, every point of which line is distant 12 nautical miles from the nearest point of the baseline.

4. The internal waters of Tonga include any areas of the sea that internal are on the landward side of the baseline of the territorial sea of Tonga.

Baseline of Territorial Sea

5.—(1) Except as otherwise provided in Section 6 of- this Act, the sea baseline from which the breadth of the territorial sea of Tonga is measured shall be -

(a) In the case of islands situated on atolls or of islands having fringing reefs, the low water mark along the seaward edge of the reef;

(b) In the case of islands not situated on atolls or of islands not having fringing reefs, the low water mark along the coast of those islands.

(2) For the purposes of this section, a low-tide elevation that lies wholly or partly within the breadth of sea that would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth of the territorial sea shall be treated as an island.

Baseline of territorial sea adjacent to bay

6. In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured-

(a) Where the bay has only one mouth and the distance between the low-water marks of the natural entrance points of the bay does not exceed 24 nautical miles, shall be a straight line joining those low-water marks; and

(b) Where, because of the presence of islands, the bay has more than one mouth and the distances between the low-water marks of the natural entrance points of each mouth added together do not exceed 24 nautical miles, shall be a series of straight lines across each of the mouths so as to join those low-water marks; and

(c) where neither paragraph (a) nor paragraph (b) of this section applies, shall be straight line 24 nautical miles in length drawn from low-water’ mark to low-water mark within the bay in such a manner as ‘to enclose the maximum area of water that is possible with a line of that length.

Bed of territorial sea and internal waters vested in Crown

7. Subject to the grant of any estate or interest therein (whether by or pursuant to the provisions of any enactment or otherwise, and internal and whether made before or after the commencement of this Act), the seabed and subsoil of submarine areas banded on the landward side by the low-water mark along the coast of all islands of Tonga and on the seaward side by the outer limits of the territorial sea of Tonga shall be deemed to be and always to have been vested in the Crown.

Regulations for territorial sea

8. The King in Council may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a) Regulating the conduct of scientific research within the territorial sea;

(b) Prescribing measures for the protection and preservation of the marine environment of the territorial sea;

(c) Regulating the construction, operation, and use of artificial islands (whether permanent or temporary), and other installations and structures in the territorial sea, including the establishment of safety zones around such islands, installations, and structures;

(d) Regulating the exploration and exploitation of the territorial sea for the production of energy from the water, currents, and winds, and for any other economic purposes;

(e) Providing for such other matters as are necessary or expedient for giving full effect to the sovereignty of Tonga !n relation to the territorial sea;

(f) Providing that a breach of any such regulations shall be a criminal offence, and imposing penalties by way of fine not exceeding $10,000 for any such offences;

(g) Providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part of this Act and for its due administration.

PART II
THE EXCLUSIVE ECONOMIC ZONE OF TONGA

The exclusive economic Zone

9.-(1) The exclusive economic zone of Tonga comprises those areas of the sea, seabed, and subsoil that are beyond and adjacent to the territorial sea of Tonga, having as their outer limits a line ink measured seaward from the baseline described in Sections 5 and 6 of this Act, every point of which line is distant 200 nautical miles from the nearest point of the baseline.

(2) Notwithstanding subsection (1) of this section, where -

(a) Any part of the median line between Tonga and any other country is less than 200 nautical miles from the nearest part of the baseline of the territorial sea of Tonga; and

(b) No other outer limit of the exclusive economic zone is for the time being determined by agreement with a neighbouring country or by an Order-in-Council made under subsection (3) of this section -that part of the median line shall be an outer limit of the Zone.

(3) For the purposes of implementing any international agreement, or the arbitral award of any international body, or the judgment of any international Court, or for any other purpose in accordance with international law, the King may from time to time, by Order-in-Council, declare that the exclusive economic zone shall not extend to any specified area of the sea, seabed, or subsoil, that would otherwise be included within the exclusive economic zone by virtue of this section.

[Sections 10 to 25 repealed by the Territorial Sea and Exclusive Economic Zone
(Amendment) Act 1989]

General regulations in zone

26. The King may from time to time, by Order-in-Council, make regulations for all or any of the following purposes:

(a) Regulating the conduct of scientific research within the exclusive economic zone;

(b) prescribing measures for the protection and preservation of the marine environment of the zone;

(c) regulating the constructions, operation, and use of artificial islands (whether permanent or temporary), and other installation and structures within the zone, including the establishment of safety zones around such islands, installation, and structures;

(d) regulating the exploration and exploitation of the zone for the production of energy from the water, currents, and winds, and for any other economic purposes;

(e) providing for such other matters as are necessary or expedient for giving full effect to the sovereign rights of Tonga in relation to the zone;

(f) providing that a breach of any such regulations shall be a criminal offence, and imposing penalties by way of fine not exceeding $10,000 for any such offences;

(g) providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part of this Act (other than matters for which regulations may be made under Section 21 of this Act) and for its due administration.

General provisions as to offences in zone

27. – (1) Any offence against this Act or against any regulations made under this Act that is committed within he exclusive economic zone shall be deemed to have been committed in Tonga

[Sub-sections (2) and (3) of section 27 repealed by the Territorial Sea and
Exclusive Economic Zone (Amendment) Act 1989]

PART III
MISCELLANEOUS PROVISIONS

Modifications to give effect to international agreements

28. The King may, from time to time by Order-in-Council, limit any provision of this Act relating to the exclusive zone so far as it is necessary to do so to give full effect to any convention that is adopted by the Third United Nations Conference on the Law of the Sea.

Official charts

29.—(1) For the purposes of this Act, the low-water mark in any specified area shall be the line of low-water at mean low-water spring tides as depicted on the largest scale British Admiralty chart for the time being of that area.

(2) In any proceedings in any Court, a certificate purporting to be signed by the Harbour Master that any specified British Admiralty chart of that area is the largest scale British Admiralty chart for the time being available of that area shall be admissible as evidence of that matter.

Onus of proof in respect of offences

30. In any criminal proceedings under this Act where a defendant is charged with having committed an offence specified in Section 18 of this Act, or with having contravened any other provision in any regulations made under this Act under which a licence or permit, or the consent of any person is required for the doing of any act, the onus shall be on the defendant to prove that at the time to which the charge relates, the requisite licence, permit, or consent was duly held.

Amendment repeal, and savings

31.— (1) The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule.

(2) The Fisheries Protection Act 1973 is hereby repealed.

(3) Except as expressly provided by this Act, the provisions of this Act are in addition to and not in substitution for the provisions of every other enactment, and accordingly nothing in this Act shall limit or derogate from the provisions of any other enactment.

SCHEDULE

Enactments Amended

Enactment Amended
Amendment
The Interpretation Act (1903-1972) Cap. 1

By repealing Section 33

The Minerals (Temporary Provisions) Act 1949-1968

By omitting from section 2 the definition of the term “land” and substituting the following definition:

“land” includes all submerged lands lying within the internal waters, territorial sea and exclusive economic zone as described in the Territorial Sea and Exclusive Economic Zone Act 1978.

The Petroleum Mining Act 1969

By omitting from Section 2 the definition of the term “offshore land” and substituting the following definition: “off-shore land” and substituting the following definition: “off-shore land” means all submerged lands lying within the internal waters, territorial sea, and exclusive economic zone as described in the Territorial Sea and Exclusive Economic Zone Act 1978.

The Petroleum (Income Tax) Act 1969

By inserting in Section 3(1) in the definition of the word “Tonga” immediately after the words “continental shelf” appearing in the last line, the words “or exclusive economic zone.”

Passed in the Legislative Assembly this 23rd day of October, 1978.

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