CHAPTER 238
TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

   Section

Title

   1.   Short title and application.

   2.   Interpretation.

PART II
TERRITORIAL SEA

   3.   Territorial sea.

   4.   Internal waters.

   5.   Baseline of territorial sea.

   6.   The seabed and internal waters vested in Government.

PART III
THE EXCLUSIVE ECONOMIC ZONE OF THE UNITED REPUBLIC

   7.   The Exclusive Economic Zone.

   8.   Making boundary lines of Zone on charts or maps.

   9.   Rights in, and jurisdiction over, Zone.

   10.   Exploitation of resources.

   11.   Freedom of navigation, overflight and laying of cables, etc.

   12.   Application of certain laws.

PART IV
AUTHORISED OFFICERS

   13.   Authorised officers.

   14.   Powers of authorised officers.

   15.   Sale of fish likely to spoil.

   16.   Exemption from liability.

PART V
OFFENCES AND MISCELLANEOUS PROVISIONS

   17.   General offences.

   18.   Return of property seized.

   19.   Regulations.

   20.   [Repealed.]

SCHEDULE

CHAPTER 238
THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT

An Act to provide for the implementation of the Law of the Sea Convention, to establish the territorial sea and to establish an Exclusive Economic Zone, of the United Republic adjacent to the territorial sea, and in the exercise of the sovereign rights of the United Republic to make provisions for the exploration, exploitation, conservation and management, of the resources of the sea and for related matters.

[15th October, 1989]
[G.N. No. 335 of 1989]

Act No. 3 of 1989

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and application

   This Act may be cited as the Territorial Sea and Exclusive Economic Zone Act, and shall extend to Tanzania Zanzibar.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "Exclusive Economic Zone" means the marine Zone described under section 7 of this Act;

   "Law of the Sea Convention" means the Law of the Sea Convention of 1982 whose relevant provisions are attached as a Schedule to this Act, and which provisions this Act seeks to implement;

   "a marine authorised officer" means an authorised officer mentioned under section 13;

   "Minister" means the Minister responsible for foreign affairs.

PART II
TERRITORIAL SEA (ss 3-6)

3.   Territorial sea

   (1) There is established a marine Zone to be known as the territorial sea.

   (2) The breadth of the territorial sea of the United Republic shall comprise of those areas of the sea extending up to 12 nautical miles measured from the coastal low-water line as determined under section 5 of this Act.

4.   Internal waters

   The internal waters of the United Republic include any areas of the sea that are on the landward side of the baseline of the territorial sea of the United Republic.

5.   Baseline of territorial sea

   The baseline from which the breadth of the territorial sea of the United Republic is measured shall be the low-water line along the coast of the United Republic including the coast of all islands, as marked on a large-scale chart or map officially recognised by the Government of the United Republic.

6.   The seabed and internal waters vested in Government

   The seabed and subsoil of submarine areas bounded on the land-ward side by the low-water mark along the coast of Tanzania and on the seaward side by the outer limits of the territorial sea of the United Republic shall be deemed to be and always to have been vested in the Government of the United Republic.

PART III
THE EXCLUSIVE ECONOMIC ZONE OF THE UNITED REPUBLIC (ss 7-12)

7.   The Exclusive Economic Zone

   (1) There is established contiguous to the territorial waters, a marine Zone to be known as the Exclusive Economic Zone.

   (2) Subject to subsection (3), the Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial water is measured.

   (3) Notwithstanding subsection (1), where the median line as defined by subsection (4) between the United Republic and any adjacent or opposite state is less than 200 miles from the baseline of the territorial waters, the outer boundary limit of the Zone shall be that fixed by agreement between the United Republic and that other state, but where there is no such agreement, the outer boundary limit shall be the median line.

   (4) The median line is a line every point of which is equidistant from the nearest points of the baseline of the territorial waters, on the one hand, and the corresponding baseline of the territorial waters of any adjacent or opposite state as recognised by the Minister, on the other hand.

8.   Making boundary lines of Zone on charts or maps

   (1) The Minister shall cause the boundary lines of the Zone to be marked on a sealed map or chart, and that map or chart shall be judicially noticed.

   (2) The Director of Land Surveying in the Ministry responsible for lands, shall keep safe custody of the map or chart referred to in subsection (1), and anybody may, at reasonable time inspect that map or chart, or purchase a certified copy thereof.

9.   Rights in, and jurisdiction over, Zone

   There is vested in the Government of the United Republic–

   (a)   Sovereign rights for the purpose of, exploring and exploiting, conserving Zone and managing the natural resources, whether living or non-living, of the waters superjacent to 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 with regard to–

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

      (ii)   marine scientific research; and

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

   (c)   Other rights in and jurisdiction over, the Zone recognised under international law.

10.   Exploitation of resources

   (1) Subject to this Act, no person shall, within the Zone, except under or in accordance with an agreement with the government of the United Republic–

   (a)   explore or exploit any resources thereof;

   (b)   carry out any search or excavation;

   (c)   conduct any research;

   (d)   drill in or construct, maintain or operate any structure or device; or

   (e)   carry out any economic activity.

   (2) This section shall not apply to fishing by a citizen of the United Republic in or from a vessel registered in the United Republic.

   (3) Any person who contravenes the provisions of this section commits an offence and is liable, upon conviction to a fine of no less than two hundred and fifty thousand US dollars or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment; and in addition, the court may order the forfeiture of any vessel, structure, equipment, device or thing in connection with which the offence was committed.

11.   Freedom of navigation, overflight and laying of cables, etc.

   The United Republic shall recognise within its Exclusive Economic Zone the right of other States, whether coastal or land-locked, to freedom of navigation and overflight, the laying of cables and pipelines and other uses of the sea relating to navigation and communication, such as are recognised under international or embodied in a bilateral agreement.

12.   Application of certain laws

   (1) Any law relating to fisheries, national environment management, merchant shipping, petroleum and mining shall apply in relation to the exploration of natural resources and the question of marine pollution in the territorial and Exclusive Economic Zone.

   (2) The Minister may, where it is desirous so to do, and with the consultation with the appropriate authority and with the approval of Parliament, extend the application of any legislation to the territorial and Exclusive Economic Zone.

   (3) Where the application of any law is extended to the territorial and Exclusive Economic Zone, Parliament may, where necessary, repeal and re-enact that law, amend it, or make such modifications in that law such as are necessary to make that law consistent with its application thereto.

   (4) For the purpose of this section "appropriate authority" in relation to a law whose application has been extended to the territorial waters or Exclusive Economic Zone, means the Minister responsible for the administration of that law.

PART IV
AUTHORISED OFFICERS (ss 13-16)

13.   Authorised officers

   For the purposes of this Act, the following persons are designated authorised officers–

   (a)   fisheries officers of the Government Ministries responsible for fisheries;

   (b)   members of the Defence Forces;

   (c)   members of the Police Force;

   (d)   officers of the Customs and Sales Tax Department;

   (e)   Kikosi cha Kuzuia Magendo, otherwise commonly known as "KMKM"; and

   (f)   any other person approved by the Minister.

14.   Powers of authorised officers

   (1) An authorised officer may, in performing his duties, exercise all the powers conferred on him by this Act in respect of–

   (a)   a Government vessel or structure that is at sea or in port; or

   (b)   a foreign vessel or foreign structure that he reasonably suspects of being used in connection with fishing or any other activity carried on in contravention of this Act or regulations made under this Act.

   (2) In the performance of his duties under this section, an authorised officer may–

   (a)   reasonably call on any person to assist him;

   (b)   use such force as is reasonably necessary;

   (c)   require any person to do anything that appears reasonably necessary for the purpose of facilitating the performance of those duties;

   (d)   order that any vessel or structure be stopped;

   (e)   board any vessel;

   (f)   search or examine any vessel or structure or any fish equipment or thing on board thereof;

   (g)   require any person on board a vessel or structure to produce any document or thing relating to that vessel or structure or the persons on board thereof.

   (3) An authorised officer who has reasonable grounds to suspect that an offence has been committed under this Act or the regulations by any person, including any person on board a vessel or structure, may, without warrant or other process–

   (a)   seize the vessel or structure together with any fish, fishing gear or other equipment suspected of being used in the commission of the offence; or

   (b)   detain the person he suspects.

   (4) Where a vessel, structure or thing is seized or a person is detained under subsection (3) an authorised officer shall, where possible, take the vessel, structure, thing or person as soon as practicable to the nearest port and within a reasonable time cause the person detained to be brought before a magistrate's court to answer a charge in connection with the offence that gave rise to the seizure and detention.

   (5) A court may order that any vessel, structure, fishing gear or other equipment, device or thing seized under subsection (3) be forfeited where the owner thereof is unknown and no claim thereto is made within one month of the seizure under that subsection.

15.   Sale of fish likely to spoil

   (1) An authorised officer may, to avoid spoilage or decay of any fish he seizes under section 14, sell that fish in such manner as a fisheries officer of the Ministry responsible for fisheries directs.

   (2) All moneys resulting from such sale of fish under subsection (1) shall be paid into the Consolidated Fund.

   (3) An authorised officer who makes a sale of fish under subsection (1) shall give to the person from whom he seizes the fish a receipt containing–

   (a)   the date of the sale;

   (b)   the quantity of fish;

   (c)   the amount realised by the sale, and the receipt shall be signed by the officer.

   (4) Where a court dismisses a charge against a person brought before it under section 14, it shall, in any case where the fish in the possession of that person was sold, order compensation not exceeding the net amount realised by the sale to be paid to that person.

   (5) Compensation payable under subsection (4) shall be charged on and paid out of Consolidated Fund.

16.   Exemption from liability.

   No liability shall attach to the United Republic or an authorised officer in respect of acts done by that officer in good faith in the performance of his duties under this Act.

PART V
OFFENCES AND MISCELLANEOUS PROVISIONS (ss 17-20)

17.   General offences

   Any person who–

   (a)   assaults, resists, obstructs or intimidates an authorised officer or any person, assisting him in the execution of his duty;

   (b)   uses indecent, abusive or insulting language to an authorised officer in the execution of his duty;

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