Maritime Jurisdiction Act 2021

Maritime Jurisdiction Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Maritime Jurisdiction Act 2021 Maritime Jurisdiction Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 28 of 2021 MARITIME JURISDICTION ACT 2021 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Laying of orders before Houses of Oireachtas 4. Repeals 5. Expenses PART 2 Baseline, Territorial Sea and Contiguous Zone, etc. 6. Baseline 7. Territorial sea 8. Internal waters 9. State sovereignty and ownership of territorial sea 10. Jurisdiction in case of offence on foreign ship in territorial sea 11. Prosecution for offence on foreign ship 12. Contiguous zone PART 3 Exclusive economic zone 13. Exclusive economic zone 14. Rights and jurisdiction of State in exclusive economic zone 15. Criminal and civil jurisdiction of State in exclusive economic zone PART 4 Continental shelf 16. Continental shelf 17. Designated area 18. Rights and jurisdiction of State in designated area 19. Civil and criminal jurisdiction of State in designated area PART 5 Miscellaneous 20. Construction of references and consequential amendments - territorial seas 21. Evidence as to extent of internal waters, territorial sea, exclusive economic zone and continental shelf 22. Offences committed on board Irish ship outside territorial sea 23. Offence - directors and others of body corporate 24. Prosecutions PART 6 Amendments of other acts of Oireachtas 25. Amendment of Act of 1968 26. Amendment of National Monuments (Amendment) Act 1987 27. Amendment of National Monuments (Amendment) Act 1994 28. Amendment of Dumping At Sea Act 1996 29. Amendment of Taxes Consolidation Act 1997 30. Amendment of Electricity Regulation Act 1999 31. Amendment of Act of 2006 32. Amendment of Merchant Shipping (Registration of Ships) Act 2014 33. Amendment of Minerals Development Act 2017 SCHEDULE 1 United Nations Convention on the Law of the Sea 1982 SCHEDULE 2 Consequential Amendments Acts Referred to Broadcasting (Offences) Act 1968 (No. 35) Civil Liability Act 1961 (No. 41) Continental Shelf Act 1968 (No. 14) Copyright and Related Rights Act 2000 (No. 28) Criminal Justice (Illicit Traffic by Sea) Act 2003 (No. 18) Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50) Criminal Justice Act 1994 (No. 15) Customs Act 2015 (No. 18) Dumping At Sea Act 1996 (No. 14) Dumping at Sea Acts 1996 to 2009 Electricity Regulation Act 1999 (No. 23) Energy (Miscellaneous Provisions) Act 1995 (No. 35) Gas Act 1976 (No. 30) Inland Fisheries Act 2010 (No. 10) Maritime Jurisdiction Act 1959 (No. 22) Maritime Safety Act 2005 (No. 11) Maritime Security Act 2004 (No. 29) Mercantile Marine Act 1955 (No. 29) Merchant Shipping (Registration of Ships) Act 2014 (No. 43) Merchant Shipping (Salvage and Wreck) Act 1993 (No. 34) Merchant Shipping Acts 1894 to 2015 Minerals Development Act 2017 (No. 23) National Monuments (Amendment) Act 1987 (No. 17) National Monuments (Amendment) Act 1994 (No. 17) Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988 (No.11) Patents Act 1992 (No. 1) Petroleum and Other Minerals Development Act 1960 (No. 7) Planning and Development (Amendment) Act 2018 (No. 16) Prohibition of Incitement to Hatred Act 1989 (No. 19) Sea Pollution (Amendment) Act 1999 (No. 18) Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9) Sea Pollution (Miscellaneous Provisions) Act 2006 (No. 29) Sea Pollution Act 1991 (No. 27) Sea Pollution Acts 1991 to 2014 Sea-Fisheries Acts 2003 to 2019 Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8) Taxes Consolidation Act 1997 (No. 39) Trade Marks Act 1996 (No. 6) Wildlife Act 1976 (No. 39) Number 28 of 2021 MARITIME JURISDICTION ACT 2021 An Act to make provision in respect of the maritime jurisdiction of the State and for that purpose to give effect to certain provisions of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982; to provide for the repeal of sections 2 and 3 of the Continental Shelf Act 1968 and Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ; and to provide for related matters. [22nd July, 2021] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General 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 . 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. 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. Repeals 4. The following are repealed: (a) sections 2 and 3 of the Act of 1968; (b) Part 3 of the Act of 2006. 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. 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. 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. 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 ). 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. 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. 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. 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 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. 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. 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 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. 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 ). 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. 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— (a) is done in connection with the economic exploitation and exploration of the non-living of 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. (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 5 Miscellaneous Construction of references and consequential amendments - territorial seas 20. (1) References (howsoever expressed) to the territorial seas, in relation to the maritime jurisdiction of the State, in any enactment passed or made before the commencement of section 7 , shall be construed as references to the territorial sea, unless the context otherwise requires. (2) References in any enactment to sea areas and waters within 3 miles, 3 nautical miles, or one league of the coast or shore and cognate expressions shall be construed as references to sea areas and waters lying within the outer limit of the territorial sea. (3) Without prejudice to the generality of subsection (1), each enactment specified in column (2) of Schedule 2 is amended to the extent specified in columns (3) and (4) of that Schedule. Evidence as to extent of internal waters, territorial sea, exclusive economic zone and continental shelf 21. (1) United Kingdom Hydrographic Office charts may be used for the purposes of establishing— (a) the low-water mark, (b) the existence and position of any low-tide elevation, or (c) any other feature relevant to the delineation of the territorial sea, the contiguous zone, the exclusive economic zone or the continental shelf. (2) The Government may by order prescribe charts other than United Kingdom Hydrographic Office charts for the purposes referred to in subsection (1) and any chart so prescribed shall be received in evidence as if it were a chart referred to in that subsection. (3) Any chart purporting to be a copy of a United Kingdom Hydrographic Office chart shall, unless the contrary is proved, be received in evidence as being such a chart without further proof. (4) In this section “United Kingdom Hydrographic Office” means the hydrographic office that is part of the United Kingdom Ministry of Defence and “United Kingdom Hydrographic Office charts” shall be construed accordingly. Offences committed on board Irish ship outside territorial sea 22. Where a person does an act— (a) on board or by means of an Irish ship that is outside the territorial sea and internal waters, 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 the purposes relating to that offence, to be done in the State. Offence - directors and others of body corporate 23. (1) Where an offence to which this Act applies is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate or person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. Prosecutions 24. Proceedings for an offence to which this Act applies may be taken in any place in the State, and the offence may for all incidental purposes be treated as having been committed in that place. PART 6 Amendments of other acts of Oireachtas Amendment of Act of 1968 25. Section 1 of the Act of 1968 is amended by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021.”. Amendment of National Monuments (Amendment) Act 1987 26. The National Monuments (Amendment) Act 1987 is amended— (a) in section 1(1), by the substitution of the following definition for the definition of “territorial waters of the State”: “‘territorial waters of the State’ means the territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021, and the internal waters of the State construed in accordance with section 8 of that Act;”, and (b) in section 3(1), by the substitution of “of the contiguous zone of the State within the meaning of the Maritime Jurisdiction Act 2021” for “to which section 2 (1) of the Continental Shelf Act 1968 , applies”. Amendment of National Monuments (Amendment) Act 1994 27. The National Monuments (Amendment) Act 1994 is amended— (a) in section 1(1)— (i) in the definition of “ ‘water’ or ‘waters’”, by the substitution of the following paragraph for paragraph (d): “(d) the waters of the contiguous zone.”, and (ii) by the insertion of the following definition: “ ‘contiguous zone’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, and (b) in section 2(1), by the insertion of “(other than in the contiguous zone)” after “the ownership of any archaeological object found in the State”. Amendment of Dumping At Sea Act 1996 28. Section 1 of the Dumping At Sea Act 1996 is amended— (a) by the deletion of “ ‘exclusive economic zone of the State’ and ‘inland waters and territorial seas of the State’ have the meanings assigned to them by Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ;”, (b) by the insertion of the following definitions: “‘exclusive economic zone of the State’ has the same meaning as it has in the Maritime Jurisdiction Act 2021; ‘inland waters of the State’ shall be construed in accordance with section 8 of the Maritime Jurisdiction Act 2021; ‘territorial sea of the State’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, and (c) in the definition of “the maritime area”— (i) in clause (I), by the substitution of “territorial sea” for “territorial seas”, and (ii) by the substitution of the following for clause (II): “(II) a designated area within the meaning of the Maritime Jurisdiction Act 2021,and”. Amendment of Taxes Consolidation Act 1997 29. The Taxes Consolidation Act 1997 is amended— (a) in section 13(1), by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, (b) in section 29(1), by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, (c) in section 684(1), by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, (d) in section 697A(1), in the definition of “qualifying ship”, in paragraph (g) by the substitution of “outside the portion of the sea which is, for the purposes of the Maritime Jurisdiction Act 2021, the territorial sea of the State” for “outside the portion of the seas which are for the purposes of the Maritime Jurisdiction Act 1959 , the territorial seas of the State”, (e) in section 763(1), by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, and (f) in section 980(1), by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”. Amendment of Electricity Regulation Act 1999 30. Section 13A(1) of the Electricity Regulation Act 1999 is amended— (a) by the deletion of the definition of “Act of 1968”, (b) by the substitution of the following definition for the definition of “designated area”: “‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, (c) by the deletion of “ ‘exclusive economic zone’, ‘internal waters’ and ‘territorial seas’ have the meanings assigned to them, respectively, by Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ”, (d) by the insertion of the following definitions: “‘exclusive economic zone’ has the same meaning as it has in the Maritime Jurisdiction Act 2021; ‘internal waters’ shall be construed in accordance with section 8 of the Maritime Jurisdiction Act 2021; ‘territorial sea’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, and (e) in the definition of “licenced area”, in paragraph (a), by the substitution of “the internal waters of the State and the territorial sea of the State” for “the internal waters and the territorial seas”. Amendment of Act of 2006 31. The Act of 2006 is amended— (a) in section 6— (i) by the substitution of the following definition for the definition of “exclusive fishery limits of the State”: “‘exclusive fishery limits of the State’ comprise all seas that lie inside the outer limit of the exclusive economic zone;”, and (ii) by the insertion of the following definition: “ ‘exclusive economic zone’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”, (b) in section 10(2), by the substitution of “the Maritime Jurisdiction Act 2021” for “section 85”, and (c) in section 17A(9), in the definition of “place”, by the substitution of “the Maritime Jurisdiction Act 2021” for “the Continental Shelf Act 1968 ”. Amendment of Merchant Shipping (Registration of Ships) Act 2014 32. (1) Section 2 of the Merchant Shipping (Registration of Ships) Act 2014 is amended, in the definition of “Irish waters”, by the substitution of “territorial sea” for “territorial seas” in each place that it occurs. (2) This section shall come into operation on the commencement of section 2 of the Merchant Shipping (Registration of Ships) Act 2014 . Amendment of Minerals Development Act 2017 33. (1) Section 6 of the Minerals Development Act 2017 is amended— (a) by the substitution of the following paragraph for paragraph (a): “(a) the territorial sea (within the meaning of the Maritime Jurisdiction Act 2021), or”, and (b) in paragraph (b), by the substitution of “the Maritime Jurisdiction Act 2021” for “section 2 of the Continental Shelf Act 1968 ”. (2) This section shall come into operation on the commencement of section 6 of the Minerals Development Act 2017 . SCHEDULE 1 United Nations Convention on the Law of the Sea 1982 Parts II, V and VI PART II TERRITORIAL SEA AND CONTIGUOUS ZONE SECTION 1. GENERAL PROVISIONS Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. SECTION 2. LIMITS OF THE TERRITORIAL SEA Article 3 Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention. Article 4 Outer limit of the territorial sea The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. Article 5 Normal baseline Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. Article 6 Reefs In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State. Article 7 Straight baselines 1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention. 3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. 4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition. 5. Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage. 6. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone. Article 8 Internal waters 1. Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. 2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. Article 9 Mouths of rivers If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks. Article 10 Bays 1. This article relates only to bays the coasts of which belong to a single State. 2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation. 3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. Where, because of the presence of islands, an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if they were part of the water area of the indentation. 4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24 nautical miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be considered as internal waters. 5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. 6. The foregoing provisions do not apply to so-called “historic” bays, or in any case where the system of straight baselines provided for in article 7 is applied. Article 11 Ports For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system are regarded as forming part of the coast. Off-shore installations and artificial islands shall not be considered as permanent harbour works. Article 12 Roadsteads Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.  Article 13 Low-tide elevations 1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. 2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. Article 14 >Combination of methods for determining baselines The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions. Article 15 Delimitation of the territorial sea between States with opposite or adjacent coasts Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith. Article 16 Charts and lists of geographical coordinates 1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted. 2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA SUBSECTION A RULES APPLICABLE TO ALL SHIPS Article 17 Right of innocent passage Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Article 18 Meaning of passage 1. Passage means navigation through the territorial sea for the purpose of: (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility. 2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. Article 19 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (i) any fishing activities; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage. Article 20 Submarines and other underwater vehicles In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Article 21 Laws and regulations of the coastal State relating to innocent passage 1. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following: (a) the safety of navigation and the regulation of maritime traffic; (b) the protection of navigational aids and facilities and other facilities or installations; (c) the protection of cables and pipelines; (d) the conservation of the living resources of the sea; (e) the prevention of infringement of the fisheries laws and regulations of the coastal State; (f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; (g) marine scientific research and hydrographic surveys; (h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State. 2. Such laws and regulations shall not apply to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards. 3. The coastal State shall give due publicity to all such laws and regulations. 4. Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws and regulations and all generally accepted international regulations relating to the prevention of collisions at sea. Article 22 Sea lanes and traffic separation schemes in the territorial sea 1. The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships. 2. In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes. 3. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account: (a) the recommendations of the competent international organization; (b) any channels customarily used for international navigation; (c) the special characteristics of particular ships and channels; and (d) the density of traffic. 4. The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due publicity shall be given. Article 22 Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements. Article 22 Duties of the coastal State 1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not: (a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or (b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State. 2. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea. Article 22 Rights of protection of the coastal State 1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. 2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject. 3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published. Article 26 Charges which may be levied upon foreign ships 1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. 2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination. SUBSECTION B RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES Article 27 Criminal jurisdiction on board a foreign ship 1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases: (a) if the consequences of the crime extend to the coastal State; (b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea; (c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or (d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances. 2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters. 3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are being taken. 4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation. 5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters. Article 28 Civil jurisdiction in relation to foreign ships 1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship. 2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. (3) Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters. SUBSECTION C RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS OPERATED FOR NON-COMMERCIAL PURPOSES Article 29 Definition of warships For the purposes of this Convention, “warship” means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline. Article 30 Non-compliance by warships with the laws and regulations of the coastal State If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately. Article 31 Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of this Convention or other rules of international law. Article 32 Immunities of warships and other government ships operated for non-commercial purposes With such exceptions as are contained in subsection A and in articles 30 and 31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes. SECTION 4. CONTIGUOUS ZONE Article 33 Contiguous zone 1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b) punish infringement of the above laws and regulations committed within its territory or territorial sea. 2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. PART V EXCLUSIVE ECONOMIC ZONE Article 55 Specific legal regime of the exclusive economic zone The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in the relevant provisions of this Convention 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) other rights and duties provided for in this Convention. 2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. 3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.  Article 57 Breadth of the exclusive economic zone The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. Article 58 Rights and duties of other States in the exclusive economic zone 1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and 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, and compatible with the other provisions of this Convention. 2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part. 3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part. Article 59 Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole. Article 60 Artificial islands, installations and structures in the exclusive economic zone 1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize …