EXCLUSIVE ECONOMIC ZONE ACT

CHAPTER 625

EXCLUSIVE ECONOMIC ZONE ACT

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 and to make provision for the exercise

by Malta of its rights and powers in relation to the exclusive

economic zone pursuant to international law.

23rd July, 2021

ACT XLVII of 2021, as amended by Act XXXV of 2023.

PART I

PRELIMINARY

The short title of this Act is the Exclusive Economic Zone

Act.

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;

"baselines" means the same as the meaning assigned to

it by the Continental Shelf Act;

"competent authority" means the Office of the Prime

Minister of Malta, or such other body or person as the Minister

may prescribe and designate as the competent authority for

different purposes in terms of different provisions of this Act;

"continental shelf" means the same as the meaning

assigned to it by the Continental Shelf Act;

"dumping" means

(i)

any deliberate disposal of wastes or

other matter from vessels, aircraft, platforms or

other man-made structures at sea;

(ii)

any deliberate disposal of vessels,

aircraft, platforms or other man-made structures

at sea,

but does not include

(i)

the disposal of wastes or any other

EXCLUSIVE ECONOMIC ZONE

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 any 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;

(ii)

placement of matter for a purpose

other than the mere disposal thereof, provided

that such placement is not contrary to the aims of

this Act, international law and, or any other

applicable law;

"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) 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, within which the

sovereign rights and jurisdiction referred to in article 3 are

exercisable;

"licence" means any agreement or document evidencing

authorisation, consent and approval granted by the Minister in

terms of this Act;

"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, as may be designated 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 exclusive

economic zone or Areas, such as the production of energy from

water, currents and winds;

"safety zone" means an area established by the Minister

in terms of article 9(1)(d), for the purpose of ensuring the safety

both of navigation and of the artificial island, installation,

structure, equipment or device with respect to which such area

is established and which shall not exceed a distance of five

hundred (500) metres around the artificial island, installation,

structure, equipment or device concerned, measured from each

point of its outer edge;

"ship" has the same meaning as assigned to it by the

Merchant Shipping Act;

"territorial waters" means the same as the meaning

assigned to it by article 3 of the Territorial Waters and

Contiguous Zone 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 exclusive economic 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 any

Area shall be exercised in accordance with the Continental Shelf Act

and any regulations made thereunder.

(3)

The rights with respect to living resources within any

A r e a s h a l l b e e x e r ci se d i n ac c o r d a n c e w i t h t h e F i s h e r i e s

Conservation and Management Act and any regulations made

thereunder.

(4)

The rights with respect to the activities for the economic

exploration and, or exploitation of any Area shall be exercised in

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

any other law and regulations made thereunder, as may be made in

order to regulate such activities and, in each case, subject to the

requirements and, or conditions contained in the relevant licence

granting such rights.

The Minister may, from time to time, by order published

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

the territorial waters and within the limits of the exclusive economic

zone, within which the rights and jurisdiction referred to in article 3

are exercisable.

(1)

Except where authorised in accordance with the

provisions of this Act and any regulations made thereunder, and

subject to the requirements and, or conditions contained in the relevant

licence granting such rights, no person shall in the exclusive economic

zone or any Area

(a)

explore or exploit any natural resources;

(b)

carry out any search, excavation or drilling

operations;

(c)

construct, erect, place or use, or authorise and

regulate the construction, operation and use of any

(i)

artificial island; or

(ii)

installation, structure, equipment or device

for any of the purposes provided for in article 3 or for

any other economic purpose; or

(iii) installation, structure, equipment or device

which may interfere with the exercise of the rights of

Malta in the exclusive economic zone or any Area;

(d)

conduct marine scientific research or any other

type of research;

(e)

deploy and, or use any type of scientific research

installations or equipment;

(f)

conduct a survey for the laying of a submarine

cable or pipeline or lay or maintain any submarine cable or

pipeline;

(g)

carry out any dumping.

(2)

Except where authorised in accordance with the provisions

of this Act and any regulations made thereunder, and subject to the

requirements and, or conditions contained in the relevant licence

granting such rights, no person shall conduct any economic activity

relating to the matters, rights and activities contemplated in article 3,

in any Area.

(3)

Any service, supply, importation, export, trade and, or

profession, which if carried out or exercised in or from Malta would

require a licence, authorisation, permit, or warrant and, or the

fulfilment of conditions, requirements or criteria in terms of the laws

in force in Malta, shall not be carried out in any Area unless directly

related to a licence granted under this Act and pursuant to such

licence, authorisation, permit or warrant, as applicable and, or in

accordance with the relevant conditions, requirements or criteria.

(4)

Where both a licence under this Act, including the

regulations made thereunder and a licence under the Continental Shelf

Act including the regulations made thereunder is required for the same

purpose, these licences shall be incorporated in one (1) licence.

The Minister shall be empowered to establish an

environment protection area as defined in article 2. 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 Minister may adopt measures in relation to any 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.

In exercising their rights and performing their duties

under international law in the exclusive economic zone or any Area,

other States shall have due regard to the rights and duties of Malta

and shall comply with the laws adopted by Malta pursuant to

international law in respect of the exclusive economic zone and, or

the relevant Area, and with applicable international law.

PART III

REGULATIONS

(1)

The Minister may, from time to time, make

regulations or orders with respect to every objective or any one (1) or

more of the following objectives

(a)

regulating

the

exploration,

exploitation,

conservation, management and preservation of the natural

resources of any Area under this Act;

(b)

regulating or prohibiting the construction,

erection, placing, operation, use and, or removal of artificial

islands, installations, structures, equipment or devices in any

Area under this Act

(i)

in

connection

with

exploration,

exploitation, conservation and, or management of the

natural resources of any 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 any 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 deployment and use of any type of

scientific research installations or equipment in any Area;

(d)

establishing safety zones around any artificial

islands, installations, structures, equipment or devices, the

construction, erection, placing or use of which in any Area has

been authorised in terms of this Act or regulations thereunder,

at a location and extending to a distance determined by the

Minister;

(e)

regulating the laying, maintenance and

monitoring of submarine cables and pipelines in any Area;

(f)

regulating marine scientific research in any Area;

(g)

regulating dumping in any Area;

(h)

prescribing such measures as considered

necessary in any safety zone for both the safety of navigation

and for the protection of the artificial island, installation,

structure, equipment or device in any Area with respect to

which the safety zone is established;

(i)

regulating or prohibiting the entry of ships into

any safety zone;

(j)

prescribing measures that shall be taken in any

safety zone for the protection and the preservation of the marine

environment, as well as the protection and preservation of the

natural resources of any Area;

(k)

prescribing the notice that shall be given for the

construction, erection, or placing of artificial islands,

installations, structures, equipment or devices in any Area;

(l)

prescribing those permanent means that shall be

installed for the purpose of giving warning to shipping and

aircraft of the presence of artificial islands, installations,

structures, equipment or devices in any Area;

(m) prescribing the appropriate means for publicity

about the depth, position and dimensions of any installations or

structures which are not entirely removed from any Area;

(n)

providing for the removal of artificial islands,

installations, structures, equipment or devices constructed,

erected, or placed in any Area which have been abandoned or

have fallen into disuse;

(o)

providing for the removal of submarine cables

and, or pipelines laid or maintained in any Area which have

fallen into disuse or are beyond repair;

EXCLUSIVE ECONOMIC ZONE

(p)

prohibiting or restricting any exploration or

exploitation of

(i)

any Area or any specified part thereof; or

(ii)

its natural resources;

(q)

protecting and preserving the marine environment

in any Area;

(r)

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

thereunder, and for the due administration thereof;

(s)

regulating the exploration and exploitation of any

Area for the production of energy from the water, currents and

winds and for any other economic purposes;

(t)

regulating licensing procedures with regard to

activities carried out in any Area;

(u)

providing for any other matters as are necessary

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

and jurisdiction in the exclusive economic zone, including an

Area;

(v)

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 regulation made under this article

Provided further that notwithstanding the preceding proviso,

in the case of offences resulting in serious injuries and, or death, the

punishment prescribed in the regulations made under this paragraph

may exceed a term of five (5) years imprisonment.

(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 thereunder.

(3)

Regulations and orders made under any of the provisions of

this Act may be made in the English language only.

PART IV

ENFORCEMENT

(1)

Any act or omission which

(a)

involves or takes place on, under or above an

artificial island, installation, structure, equipment or device in

any Area or in a safety zone established by the Minister; 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 any

court, tribunal or board of Malta, any artificial island, installation,

structure, equipment or device in any Area and, or in a safety zone

established by the Minister, shall be treated as if they were situated in

Malta itself.

(3)

Any maritime enforcement officer shall in any Area,

including on any artificial island, installation, structure, equipment or

device therein, and, or in a safety zone as may be established by the

Minister, have all powers, protection and privileges which he has

under any law in force in Malta.

(4)

The Minister may, by regulations or orders made in terms of

article 9(2), limit the powers, competences and, or functions, of any

authority, organ or body established under the laws of Malta with

respect to any activities taking place in any Area, including on any

artificial island, installation or structure therein and, or in a safety zone

established by the Minister, in terms of and for the purposes of this

Act.

(5)

Where the jurisdiction of any authority, organ or body

established under the laws of Malta does not extend to any Area and,

or a safety zone established by the Minister, the Minister may, by

regulations or orders made in terms of article 9(2), extend the

applicability of those powers, competences and, or functions which

such authority, organ or body has in terms of the laws of Malta to

activities taking place in any Area and, or a safety zone established

by the Minister, as if such activities had taken place 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,

and 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.

For the purposes of the implementation of the provisions

of this Act and regulations made thereunder, the 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.