CONTINENTAL SHELF ACT

CHAPTER 535

CONTINENTAL SHELF ACT

To make provision as to the exploration and exploitation of the

continental shelf and for matters connected with those purposes.

8th August, 2014

ACT XXVIII of 2014., as amended by Act XVII of 2024.

The short title of this Act is the Continental Shelf Act.

In this Act, unless the context otherwise requires -

"appropriate action" has the same meaning as is assigned to it by

the Territorial Waters and Contiguous Zone Act;

"baselines" means the lines, joining appropriate points along the

coast of Malta, from which the breadth of the territorial waters is

measured;

"continental shelf" means the seabed and subsoil of the

submarine areas that extend beyond the territorial waters of Malta

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 the coast is opposite that of Malta it is necessary to

determine the boundaries of the respective continental shelves, the

boundary of the continental shelf shall be that determined by

agreement between Malta and such other State or States or, in the

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 mentioned in the

preceding paragraph comes into force, any licences issued under

this Act or any regulations made thereunder for the exploration and

exploitation of natural resources of the continental shelf of Malta

shall only apply to the area lying on the Maltese side of the median

line between the coast of Malta and coast belonging to the opposite

State or States

Provided further 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 and exploiting the

natural resources on the continental shelf

Provided further that the Government of Malta may extend

the continental shelf boundary beyond the median line in

accordance with international law;

"designated area" means any area, designated by the Prime

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

which the rights mentioned in article 3(1) are exercisable;

"Prime Minister" shall mean the Prime Minister or any other

person designated by the Prime Minister, and this in addition to the

provisions of article 5;

"licence" has the same meaning as assigned to it in the Petroleum

(Production) Act;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"maritime enforcement officer" has the same meaning as is

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

Zone Act;

" m i n e r a l r e s o u r c e s " means any mineral, rock or sediment

constituted of organic or inorganic compounds or substances extracted,

mined or otherwise derived from the earth, including the seabed and

the subsoil thereof, but shall not include water;

"natural resources" means -

(a) the mineral, energy and other non-living resources of

the sea bed and subsoil; as well as

(b) the living organisms belonging to sedentary species;

"petroleum" has the same meaning as in the Petroleum

(Production) Act;

"safety zone" means an area around any artificial island,

installation or structure, designated for the purpose of ensuring

their safety as well as safety of navigation around them;

"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

subsoil;

"territorial waters" has the same meaning assigned to it by article

3 of the Territorial Waters and Contiguous Zone Act.

(1) The Government of Malta exercises over the

continental shelf sovereign rights for the purpose of exploring it

and exploiting its natural resources.

(2) The Government of Malta shall have the exclusive right to

exploit the subsoil of the continental shelf, as well as to authorise

and regulate any activity, including but not limited to drilling and

tunnelling, on the continental shelf for all purposes, irrespective of

the depth of water above the said subsoil.

(3) The rights referred to in sub-article (1) are exclusive in the

sense that if the Government of Malta does not explore the

continental shelf or exploit its natural resources, no one may

undertake the activities referred to in the preceding sub-article

without the express written consent of the Prime Minister.

(4) For the purposes of sub-article (1), all relevant provisions

of the Petroleum (Production) Act with respect to exploration for

and exploitation of petroleum in Malt a shall apply mutati s

mutandis.

(5) In relation to mineral resources, with respect to which the

rights mentioned in sub-article (1) are exercisable, the provisions

of the Environment Protection Act in relation to mineral resources

in Malta shall apply mutatis mutandis.

(6) In relation to sedentary species with respect to which the

rights mentioned in sub-article (1) are exercisable, the provisions

of the Fisheries Conservation and Management Act, as far as they

are applicable and with any necessary modifications, shall, to the

extent that they relate to sedentary species in Malta, apply mutatis

mutandis.

(7) The Prime Minister may from time to time by order

published in the Gazette designate any area as an area within which

the rights mentioned in sub-article (1) are exercisable, and any area

so designated in this Act shall be a designated area.

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

regulations with respect to all or any one or more of the following

purposes

(a) regulating the exploration and exploitation of the

natural resources of the continental shelf;

(b) regulating or prohibiting the construction, erection,

placing, or use of artificial islands, installations,

structures or devices in, on, or above the continental

shelf

(i)

in connection with the exploration of the

continental shelf or that part thereof or the

exploitation of its natural resources, or

(ii) in places where they could cause interference

with the rights of the Government of Malta to

explore and exploit the natural resources of the

said continental shelf, or

(iii) in places where they could cause interference

with the use of recognised sea lanes essential to

international as well as coastwise navigation;

(c) establishing safety zones around any such artificial

islands, installations, structures or devices in, on, or

above the continental shelf;

(d) regulating the laying, maintenance and monitoring of

submarine cables and pipelines;

(e) regulating marine scientific research;

(f)

regulating carbon capture and storage;

(g) prescribing such measures as he considers necessary in

any such safety zone for the protection of the artificial

island, installation, structure or device with respect to

which the safety zone is established;

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

such safety zone, subject to any exceptions provided

by the order from entering, without his consent, such

part of that area as may be specified in the order;

CONTINENTAL SHELF

(i)

prescribing measures to be taken in any such safety

zone for the protection of the living resources of the

sea and the natural resources of the continental shelf

from harmful agents;

(j)

prescribing the notice to be given of the construction,

erection, or placing of artificial islands, installations,

structures or devices in, on, or above the continental

shelf;

(k) prescribing the permanent means to be installed for the

purpose of giving warning to shipping and aircraft of

the presence of artificial islands, installations,

structures or devices in, on, or above the continental

shelf;

(l)

providing for the removal of artificial islands,

installations, structures or devices constructed,

erected, or placed in, on, or above the continental shelf

which have been abandoned or have fallen into disuse;

(m) prohibiting or

restricting

any

exploration

or

exploitation of -

(i)

the continental shelf or any specified part

thereof; or

(ii) its natural resources

which in the opinion of the Government of Malta could

result in any unjustifiable interference with navigation,

fishing, or the conservation or management of the

natural resources of the sea, including the seabed and

subsoil, or which could interfere with national defence

or with marine scientific or other research or with

submarine cables or pipelines;

(n) protecting the marine environment;

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

the prescription of fees and levying of taxes, for giving

full effect to this Act and for the due administration

thereof;

(p) regulating licensing procedures with regard

to

activities carried out on the continental shelf; and

(q) prescribing the minimum and maximum punishments,

whether by way of fine (multa) or of imprisonment, to

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 sub-article shall not

exceed a fine (multa) of two million euro

(€2,000,000), and shall not exceed a term of five years

imprisonment, or both, in respect of any contravention

or non-observance of any such regulation.

(2) By virtue of this article, the Prime Minister is also

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 thereunder.

(3) In this article, the term "continental shelf" includes the sea-

bed and subsoil of the submarine areas within the limits of the

internal waters and the territorial waters of Malta

Provided that nothing in this article shall affect the rights

and powers of the Government of Malta under the appropriate laws

in respect of areas within the limits of the territorial waters of

Malta.

For the purposes of the implementation of the provisions of

this Act and regulations made thereunder, the Prime Minister may

designate any person as a competent authority for the purposes of

the implementation and for the exercise of any rights and duties

therein.

(1) Any act or omission which -

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

island, installation, structure or device on the

continental shelf or any waters within five hundred

metres 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.

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

courts of Malta, any artificial island, installation, structure or

device and any waters within five hundred metres thereof shall be

treated as if they were situated in Malta.

(3) Any maritime enforcement officer shall on any artificial

island, installation, structure or device in a designated area have all

powers, protection and privileges which he has in Malta.

For the purpose of ensuring compliance with this Act, any

maritime enforcement officer may, where he has reason to believe

that an offence has been committed under this Act and any

regulations made hereunder, take any appropriate action necessary.

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

article 8 of the Territorial Waters and Contiguous Zone Act shall

apply mutatis mutandis to any reasonable suspicion of an offence

under this Act or any regulations made thereunder.

(1) Any licences or permits issued under the Continental

Shelf Act, 1966 * , shall continue to be regulated by the provisions

of the said Act until their date of expiry.

(2) Any order or regulation made under the Continental Shelf

Act, 1966 shall remain in force as if they were made under this Act

until such time as they may be amended or revoked by orders or

regulations made under the provisions of this Act.

(3) Any other activity of whatsoever nature made under the

Continental Shelf Act, 1966 shall remain in force.

*repealed by this Act - see article 9(1) of this Act as originally promulgated.

(4) Any reference to "the Continental Shelf Act" in any licence,

contract or agreement relating to the exploration and exploitation

of petroleum, to which the Government of Malta is a party, which

was concluded prior to the coming into force of this Act, shall

continue to be construed as a reference to the Continental Shelf

Act, 1966.