ACT No. XLVII of 2021 AN ACT to make provision for the establishment of the exclusive economic zone or part thereof, environment protection area and for other ancillary matters thereto.

I assent.

(L.S.)

GEORGE VELLA

President

23rd July, 2021

ACT No. XLVII of 2021

AN ACT to make provision for the establishment of the exclusive

economic zone or part thereof, environment protection area and for

other ancillary matters thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

PART I

PRELIMINARY

The short title of this Act is the Exclusive Economic Zone

Act, 2021.

In this Act, unless the context otherwise requires

"appropriate action" means the same as the meaning

assigned to it by the Territorial Waters and Contiguous Zone Act;

"Area" means an exclusive economic zone area or an

environment protection area as defined under article 2 of this

"baselines" means the same as the meaning assigned to it

by the Continental Shelf Act;

"continental shelf" means the same as the meaning

assigned to it by the Continental Shelf Act;

"environment protection area" means any area designated

by the Minister by means of an order published in the Gazette,

within which the jurisdiction mentioned in article 3(1)(b)(iii) of

this Act is exercisable

Provided that such area may not exceed the exclusive

economic zone;

"exclusive economic zone" means the area beyond and

adjacent to the territorial waters, that extends to a limit

established in accordance with international law, measured from

the baselines from which the breadth of the territorial waters is

measured; so however that where in relation to States of which

their coast is opposite that of Malta it is necessary to determine a

boundary, such boundary shall be determined by agreement

between Malta and such other State or States or, in absence of

agreement, the median line, namely a line every point of which is

equidistant from the nearest points of the baselines from which

the breadth of the territorial waters of Malta and such other State

or States is measured

Provided that until the agreement referred to in the

preceding paragraph comes into force, any activities or licenses

issued pursuant to this Act shall only apply to the area lying on

the Maltese side of the median line between the coast of Malta

and the coast belonging to opposite State or States

Provided also that nothing shall preclude the

Government of Malta from entering into any cooperative

arrangements, such as joint development agreements, revenue

sharing agreements and international unitisation agreements,

with neighbouring States for the purpose of exploring,

exploiting, conserving and managing the natural resources in the

exclusive economic zone

Provided further that the Government of Malta may

extend the exclusive economic zone boundary beyond the

median line in accordance with international law;

"exclusive economic zone area" means any area designated

by the Minister under article 4 of this Act, within which the

sovereign rights and jurisdiction referred to in article 3 of this

Act are exercisable;

"Malta" means the same as the meaning assigned to it by

article 124 of the Constitution of Malta;

"maritime enforcement officer" means the same as the

meaning assigned to it by article 2 of the Territorial Waters and

Contiguous Zone Act;

"Minister" means the Prime Minister of Malta and includes

any other Minister, public officer or authority as may be

authorised by him from time to time for any of the purposes of

this Act;

"natural resources" means both the living resources and

non-living resources, including genetic resources, found within

the exclusive economic zone, exclusive economic zone area or

environment protection area, as well as all activities for the

economic exploration and exploitation of the said Zone or Areas,

such as the production of energy from water, currents and winds;

"safety zone" means the same as the meaning assigned to it

by the Continental Shelf Act;

"territorial waters" means the same as the meaning

assigned to it by article 3 of the Territorial Waters and

Contiguous Zone Act;

"Zone" means an exclusive economic zone as defined

under article 2 of this Act.

PART II

EXCLUSIVE ECONOMIC ZONE

(1) The Minister shall be empowered to establish an

exclusive economic zone or exclusive economic zone area, wherein

Malta has

(a) sovereign rights for the purpose of exploring and

exploiting, conserving and managing the natural resources of the

waters superjacent to the seabed and of the seabed and its

subsoil, and with regard to other activities for the economic

exploration and exploitation of the Zone or Area, such as the

production of energy from the water, currents and winds;

(b)

jurisdiction with regard to

(i) the establishment and use of artificial islands,

installations and structures;

(ii)

marine scientific research;

(iii) the protection and preservation of the marine

environment;

(c) such other rights as are provided for by this Act or

any other law, any regulations made thereunder, or recognized

under international law.

(2) The rights with respect to the seabed and subsoil of the said

Zone or Area shall be exercised in accordance with the Continental

Shelf Act.

(3) The rights with respect to living resources within the said

Zone or Area shall be exercised in accordance with the Fisheries Cap. 425.

Conservation and Management Act.

(4) The rights with respect to the activities for the economic

exploration and exploitation of the Zone or Area shall be exercised in

accordance with this Act, and any regulations made hereunder, or by

any other law and regulations made thereunder, established in order to

regulate such activities.

The Minister may, from time to time, by order published in Designation of

the Gazette, designate an exclusive economic zone area adjacent to the exclusive

economic zone

territorial waters, within which the rights and jurisdiction referred to in by

Areas.

article 3 are exercisable.

Except where authorized by the Government in accordance Prohibition of

with the provisions of this Act, the Continental Shelf Act, the Fisheries activities.

Conservation and Management Act, or any regulations made under Cap. 425.

such Acts, no person shall in the Zone or Area

(a) explore or exploit any natural resources, whether

living or non-living;

(b) carry out any search, excavation or drilling

operations;

(c)

conduct any economic activity;

(d) construct or authorize and regulate the construction,

operation and use of any

(i)

artificial island;

(ii) installation or structure for any of the purposes

provided for in article 3 or for any other economic purpose;

or

(iii) installation or structure which may interfere

with the exercise of the rights of Malta in the said Zone or

Area;

(e) conduct marine scientific research or any other type

of research.

The Minister shall be empowered to establish an environment

protection area as defined in article 2 of this Act. In establishing such

an area, the Minister may apply any of the rights and powers granted

under this Act or under any regulations made hereunder or under

international law.

The Government of Malta may adopt measures in relation to

the Zone or Area which are necessary to protect Malta's coastline or

any segment or element of the marine environment or related interests,

including fishing and other economic activities, from pollution or the

threat of pollution.

(1) Nothing under this Act or regulations made hereunder

shall affect the right of other States to enjoy, in the Zone or Area, the

freedoms of navigation and overflight and of the laying of submarine

cables and pipelines, and any other internationally lawful uses of the

sea related to these freedoms, such as those associated with the

operation of ships, aircraft and submarine cables and pipelines, insofar

as the enjoyment of such rights is compatible with international law.

(2) In exercising their rights and performing their duties under

international law in the said Zone or Area, other States shall have due

regard to the rights and duties of the Government of Malta and shall

comply with the provisions of this Act, the Continental Shelf Act, the

Fisheries Conservation and Management Act and any regulations

made under such Acts, as well as the applicable rules of international

law.

PART III

REGULATIONS

(1) The Minister may, from time to time, make regulations

with respect to every objective or any one or more of the following

objectives

(a) regulating

the

exploration,

exploitation,

conservation, management and preservation of the natural

resources of any Zone or Area under this Act;

(b) regulating or prohibiting the construction, erection,

placing, or use of artificial islands, installations, structures or

devices in the said Zone or Area under this Act

(i) in connection with exploration, exploitation,

conservation or management of the natural resources of the

Zone or Area or any part thereof;

(ii) in connection with the jurisdiction referred to

in article 3(1)(b);

(iii) in places where they could cause interference

with the rights of the Government of Malta to explore,

exploit, conserve or manage the natural resources of the

said Zone or Area;

(iv) in places where they could cause interference

with the use of recognised sea lanes essential to

international navigation as well as navigation within the

territorial waters of Malta;

(c) regulating the establishment of the safety zones

around any such artificial islands, installations, structures or

devices referred to in paragraph (b);

(d) regulating the laying, maintenance and monitoring of

submarine cables and pipelines in the said Zone or Area;

(e)

regulating marine scientific research in the said Zone

or Area;

(f) prescribing such measures as considered necessary in

any such safety zone for the protection of the artificial island,

installation, structure or device in the said Zone or Area with

respect to which the safety zone is established;

(g) regulating or prohibiting the entry of ships into any

such safety zone;

(h) prescribing measures to be taken in any such safety

zone for the protection and the preservation of the marine

environment, as well as the protection and preservation of the

natural resources of the said Zone or Area;

(i) prescribing the notice to be given of the construction,

erection, or placing of artificial islands, installations, structures

or devices in the said Zone or Area;

(j) prescribing the permanent means that shall be

installed for the purpose of giving warning to shipping and

aircraft of the presence of artificial islands, installations,

structures or devices in the said Zone or Area;

(k) providing for the removal of artificial islands,

installations, structures or devices constructed, erected, or placed

in the said Zone or Area which have been abandoned or have

fallen into disuse;

(l) prohibiting

or

restricting

any

exploration

or

exploitation of

(i)

any Zone or Area or any specified part thereof;

or

(ii)

their natural resources;

(m) protecting and preserving the marine environment in

the said Zone or Area;

(n) providing for such matters as are necessary, including

the prescription of fees and levying of taxes, for giving full effect

to this Act and any regulations made hereunder, and for the due

administration thereof;

(o) regulating the exploration and exploitation of the said

Zone or Area for the production of energy from the water,

currents and winds and for any other economic purposes;

(p) regulating licensing procedures with regard to

activities carried out in the said Zone or Area;

(q) providing for any other matters as are necessary or

expedient for giving full effect to Malta’s sovereign rights and

jurisdiction in the said Zone or Area;

(r) prescribing

the

minimum

and

maximum

punishments, whether by way of fine (multa) or of

imprisonment, that shall be applied in respect of any

contravention or non-observance of any regulation made under

this article

Provided that any punishment prescribed in the

regulations made under this paragraph shall not exceed a fine

(multa) of two million euro (€2,000,000), and shall not exceed a

term of five (5) years imprisonment, or both, in respect of any

contravention or non-observance of any such regulation.

(2) By virtue of this article, the Minister shall also be empowered

to make any regulations or orders as may be required for the proper

implementation and administration of this Act and any of the

regulations made hereunder.

PART IV

ENFORCEMENT

(1)

Any act or omission which

Criminal and

civil

jurisdiction.

(a) involves or takes place on, under or above an

artificial island, installation, structure or device in the Zone or

Area or any waters within five hundred metres (500m) of such

artificial island, installation, structure or device; and

(b) would, if taking place in any part of Malta, constitute

an offence under the law in force in Malta,

shall be treated for the purposes of that law and of any other law in

force in Malta as taking place in Malta itself.

(2) For the purposes of civil jurisdiction exercisable by the Courts

of Malta, any artificial island, installation, structure or device in the

Zone or Area and any surrounding waters within five hundred metres

(500m) thereof, shall be treated as if they were situated in Malta itself.

(3) Any maritime enforcement officer shall on any artificial

island, installation, structure or device in the said Zone or Area have

all powers, protection and privileges which he has in Malta.

For the purpose of ensuring compliance with this Act, any Appropriate

maritime enforcement officer may, where he has reason to believe that action

maritime

an offence has been committed under this Act and any regulations enforcement

officers.

made hereunder, take any appropriate action necessary.

The provisions of sub-articles (2) to (6), both inclusive, and of Right of hot

article 8 of the Territorial Waters and Contiguous Zone Act shall apply pursuit.

mutatis mutandis to any reasonable suspicion of an offence under this

Act or any regulations made thereunder.

Passed by the House of Representatives at Sitting No. 487 of the

12th July, 2021.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.90