Maritime Jurisdiction Act 2021

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Maritime Jurisdiction Act 2021.

(2) This Act (other than sections 32 and 33) shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different provisions of enactments effected by section 4.

2. Interpretation

2. (1) In this Act—

“Act of 1968” means the Continental Shelf Act 1968;

“Act of 2006” means the Sea-Fisheries and Maritime Jurisdiction Act 2006;

“artificial island” means any part of the seabed or of a submerged seabed feature that, by human modification, has been brought above water at low-tide;

“baseline” means—

(a) a baseline construed in accordance with section 6(1),

(b) a straight baseline that is prescribed by order under section 6(2)(a),

(c) the closing line of the mouth of any bay that is prescribed by order under section 6(2)(b), or

(d) a baseline standing prescribed, for the time being, by order referred to in section 6(3);

“contiguous zone” shall be construed in accordance with section 12;

“continental shelf” shall be construed in accordance with section 16;

“Convention” means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, the text of Parts II, V and VI of which is set out in Schedule 1;

“designated area” means—

(a) an area that is designated by order under section 17(1), or

(b) an area standing designated, for the time being, by order referred to in section 17(2);

“energy product” means electricity, natural gas, petroleum or any derivative of petroleum;

“exclusive economic zone” shall be construed in accordance with section 13;

“foreign ship” means a ship that is not an Irish ship (within the meaning of section 9 of the Mercantile Marine Act 1955);

“installation” includes—

(a) any fixed structure,

(b) any floating structure or device maintained on a station by whatever means, and

(c) any vessel which is for the time being within the vicinity of an installation and being used in connection with the operation of the installation;

“internal waters” shall be construed in accordance with section 8;

“Irish ship” means—

(a) a ship within the meaning of section 9 of the Mercantile Marine Act 1955, or

(b) on and from the commencement of section 7 of the Merchant Shipping (Registration of Ships) Act 2014, a ship within the meaning of section 33 of that Act;

“low-tide elevation” means a naturally formed area of land surrounded by and above water at low water but submerged at high water;

“Minister” means the Minister for Foreign Affairs;

“nautical mile” means 1,852 metres;

“outer limit of the territorial sea” means—

(a) the line every point of which is at a distance of 12 nautical miles from the nearest point of the baseline, or

(b) in relation to a part of the territorial sea to which an order under section 7 for the time being applies, the outer limit of the territorial sea prescribed by that order;

“territorial sea” shall be construed in accordance with section 7;

“wrong” has the meaning assigned to it by the Civil Liability Act 1961.

(2) A word or expression that is used in the Convention and in this Act shall, unless the context otherwise requires, have the same meaning in this Act that it has in the Convention.

(3) References in this Act to an act include references to an omission and references to the doing of an act include references to the making of an omission.

3. Laying of orders before Houses of Oireachtas

3. Every order (other than an order under section 1(2)) under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Repeals

4. The following are repealed:

(a) sections 2 and 3 of the Act of 1968;

(b) Part 3 of the Act of 2006.

5. Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Baseline, Territorial Sea and Contiguous Zone, etc.

6. Baseline

6. (1) Each of the following is the baseline for the purposes of this Act:

(a) the low-water mark on the coast of the mainland or of an island;

(b) the low-water mark on any low-tide elevation situated wholly or partly at a distance not exceeding 12 nautical miles from the mainland or an island;

(c) the straight line across the mouth of a river between the most seaward point at the low-water mark on each bank of the river, where that river flows directly into the sea.

(2) (a) Notwithstanding subsection (1), the Government may by order prescribe a straight baseline in relation to any part of the State in accordance with article 7 of the Convention.

(b) Notwithstanding subsection (1), the Government may by order prescribe the closing line of the mouth of any bay in accordance with article 10 of the Convention.

(3) The Maritime Jurisdiction (Straight Baselines) Order 2016 (S.I. No. 22 of 2016) and the Maritime Jurisdiction (Bay Closing Lines) Order 2019 (S.I. No. 155 of 2019) shall continue in operation and have effect on and after the commencement of paragraph (b) of section 4 as if made under this section, and may be amended or revoked accordingly.

(4) In this section—

“bay” means a well-marked indentation on the coast the area of which is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation;

“island” means a naturally formed area of land surrounded by water which is above water at high water.

7. Territorial sea

7. (1) The territorial sea of the State is that portion of the sea which lies between the baseline and the outer limit of the territorial sea.

(2) The Government may by order prescribe the line of delimitation of a part of the territorial sea of the State in accordance with article 15 of the Convention and any line of delimitation so prescribed shall be taken as the outer limit for that part.

8. Internal waters

8. (1) The internal or inland waters of the State extend to all sea areas which lie on the landward side of the baseline.

(2) The sea areas referred to in subsection (1) shall be subject to the jurisdiction of the State to the same extent in all respects as its ports and harbours, lakes and rivers, subject to any right of innocent passage for foreign ships in those sea areas which had not previously been enclosed by straight baselines (in accordance with section 6).

9. State sovereignty and ownership of territorial sea

9. (1) The sovereignty of the State extends to its territorial sea, the seabed and subsoil of the territorial sea and to the airspace above it.

(2) Without prejudice to subsection (1), the State owns and has always owned the seabed and subsoil of the territorial sea and of the sea areas of the internal waters, including the mineral and other non-living resources located in or under the seabed of the territorial sea and of the sea areas of the internal waters, and of all forms of potential energy on, in, under and above the territorial sea and the sea areas of the internal waters.

10. Jurisdiction in case of offence on foreign ship in territorial sea

10. (1) Every offence committed on board or by means of a foreign ship that is within the territorial sea or internal waters is an offence within the jurisdiction of the State and may be dealt with by a court of competent jurisdiction.

(2) A person who commits an offence to which subsection (1) applies may be arrested, tried and punished accordingly.

(3) For the purpose of arresting any person charged with an offence which, in accordance with this section, is within the jurisdiction of the State, the territorial sea and internal waters shall be deemed to be within the jurisdiction of any court or judge having power within the State to issue warrants for the arrest of persons charged with offences committed within the jurisdiction of such court or judge.

11. Prosecution for offence on foreign ship

11. (1) Where a person who is not an Irish citizen or ordinarily resident in the State is charged with an offence alleged to have been committed in the territorial sea on board, or by means of, a foreign ship, no further proceedings in relation to the offence (other than any remand in custody or on bail) may be taken except with a certificate of the Minister that the proceedings are, in his or her opinion, appropriate in all the circumstances.

(2) This section does not apply to an offence under one or more of the following:

(a) the Dumping at Sea Acts 1996 to 2009;

(b) the Maritime Security Act 2004;

(c) the Merchant Shipping Acts 1894 to 2015;

(d) the Sea-Fisheries Acts 2003 to 2019;

(e) the Sea Pollution Acts 1991 to 2014.

12. Contiguous zone

12. (1) The contiguous zone of the State is that portion of the sea within the exclusive economic zone that lies between the outer limit of the territorial sea and the outer limit of the contiguous zone.

(2) In this section “outer limit of the contiguous zone” means the line within the exclusive economic zone every point of which lies at a distance of 24 nautical miles from the nearest point of the baseline.

PART 3 Exclusive economic zone

13. Exclusive economic zone

13. (1) The exclusive economic zone of the State is that portion of the sea that lies between the outer limit of the territorial sea and the outer limit of the exclusive economic zone.

(2) The Government may by order prescribe the line of delimitation of a part of the exclusive economic zone of the State in accordance with article 74 of the Convention.

(3) The Maritime Jurisdiction (Boundaries of Exclusive Economic Zone) Order 2014 (S.I. No. 86 of 2014) shall continue in operation and have effect on and after the commencement of paragraph (b) of section 4 as if made under this section, and may be amended or revoked accordingly.

(4) In this section “outer limit of the exclusive economic zone” means—

(a) the line every point of which is at a distance of 200 nautical miles from the nearest point of the baseline,

(b) in relation to a part of the exclusive economic zone to which an order under subsection (2) for the time being applies, the line of delimitation prescribed by that order, or

(c) in relation to a part of the exclusive economic zone to which the Order referred to in subsection (3) for the time being applies, the boundaries of the exclusive economic zone of the State described in articles 2 and 3 of that Order.

14. Rights and jurisdiction of State in exclusive economic zone

14. In the exclusive economic zone, the State has—

(a) sovereign rights—

(i) for the purpose of the exploration, exploitation, conservation and management of the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and

(ii) with regard to other activities for the economic exploitation and exploration of the zone, including—

(I) the production of energy from the water, currents and winds,

(II) the storage of natural gas and other energy products,

(III) the recovery of geothermal energy, and

(IV) the sequestration of carbon,

and

(b) jurisdiction with regard to—

(i) the establishment and use of artificial islands and installations,

(ii) marine scientific research, and

(iii) the protection and preservation of the marine environment.

15. Criminal and civil jurisdiction of State in exclusive economic zone

15. (1) Where a person does an act—

(a) on an artificial island or installation in the exclusive economic zone, and

(b) that would, if done in the State, constitute an offence under the law of the State,

the person shall be guilty of an offence and the offence shall be deemed for all purposes to be done in the State.

(2) Where a person does an act on, under or above any waters in the exclusive economic zone, the person shall be guilty of an offence and the offence shall be deemed for all purposes to be done in the State, if the act—

(a) is done in connection with the economic exploitation and exploration of the non-living natural resources of the exclusive economic zone, or so as to interfere with (or in a manner that could interfere with) such exploitation and exploration, and

(b) would, if done in the State, constitute an offence under the law of the State.

(3) Where a person does an act—

(a) on an artificial island or installation in the exclusive economic zone, and

(b) that would, if done in the State, constitute a wrong under the law of the State,

the person commits a wrong and the wrong shall be deemed for all purposes to be done in the State.

(4) Where a person does an act on, under or above any waters in the exclusive economic zone, the person commits a wrong and the wrong shall be deemed for all the purposes to be done in the State, if the act—

(a) is done in connection with the economic exploitation and exploration of the non-living natural resources of the exclusive economic zone, or so as to interfere with (or in a manner that could interfere with) such exploitation and exploration, and

(b) would, if done in the State, constitute a wrong under the law of the State.

(5) Any jurisdiction conferred on any court under subsections (1) to (4) shall be without prejudice to any jurisdiction exercisable apart from those subsections by that or any other court.

PART 4 Continental shelf

16. Continental shelf

16. (1) The continental shelf of the State comprises the seabed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory of the State to the outer limit of the continental shelf.

(2) In this section “outer limit of the continental shelf” of the State means—

(a) subject to paragraphs (b) and (c), the outer edge of the continental margin (within the meaning of article 76 of the Convention),

(b) subject to paragraph (c), the line every point of which lies at a distance of 200 nautical miles from the nearest point on the baseline where the said continental margin does not extend to that distance, or

(c) the line of delimitation of the continental shelf between the State and another state determined in accordance with article 83 of the Convention.

17. Designated area

17. (1) The Government may by order designate an area of the continental shelf that is within the outer limit of the continental shelf (within the meaning of section 16) as being an area in which the State may exercise the rights and jurisdiction referred to in section 18.

(2) The following Orders shall continue in operation and have effect on and after the commencement of paragraph (a) of section 4 as if made under this section, and may be amended or revoked accordingly:

(a) Continental Shelf (Designated Areas) Order 1993 (S.I. No. 92 of 1993);

(b) Continental Shelf (Designated Areas) Order 2009 (S.I. No. 163 of 2009);

(c) Continental Shelf (Designated Areas) Order 2014 (S.I. No. 87 of 2014).

18. Rights and jurisdiction of State in designated area

18. (1) In a designated area, the State may exercise:

(a) sovereign rights for the purpose of exploring the continental shelf and exploiting the mineral and other non-living resources of the seabed and subsoil, together with any living organisms belonging to sedentary species;

(b) exclusive jurisdiction over artificial islands and installations;

(c) the exclusive right to construct and to authorise and regulate the construction, operation and use of—

(i) artificial islands,

(ii) any installation for use in the exploration of the continental shelf and exploitation of its non-living resources, and

(iii) any installation that may interfere with the exercise of the rights of the State on the continental shelf;

(d) the exclusive right to authorise and regulate drilling and tunnelling on the continental shelf for any purpose;

(e) the right to delineate the course of a submarine pipeline to be laid by any other state across any part of the continental shelf of the State;

(f) the right to regulate, authorise and conduct marine scientific research.

(2) In subsection (1) “sedentary species” means organisms which, at the harvestable stage, either are immobile on, or under, the seabed or are unable to move except in constant physical contact with the seabed or its subsoil.

19. Civil and criminal jurisdiction of State in designated area

19. (1) Where a person does an act—

(a) on an artificial island or installation in a designated area, and

(b) that would, if done in the State, constitute an offence under the law of the State,

the person shall be guilty of an offence and the offence shall be deemed for all purposes to be done in the State.

(2) Where a person does an act in a designated area the person shall be guilty of an offence and the offence shall be deemed for all purposes to be done in the State, if the act—

(a) is done in connection with the economic exploitation and exploration of the non-living natural resources of a designated area, or so as to interfere with (or in a manner that could interfere with) such exploitation and exploration, and

(b) would, if done in the State, constitute an offence under the law of the State.

(3) Where a person does an act—

(a) on an artificial island or installation in a designated area, and

(b) that would, if done in the State, constitute a wrong under the law of the State,

the person commits a wrong and the wrong shall be deemed for all purposes to be done in the State.

(4) Where a person does an act in a designated area the person commits a wrong and the wrong shall be deemed for all purposes to be done in the State, if the act—