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Territorial Waters and Maritime Zones Act, 1976 (Repealed by Act.XVIII of 2023)

Act· 2023· 10 pages
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Summary

This 1976 Act defined Pakistan's maritime boundaries and Pakistan's rights over its surrounding waters. It has since been repealed and replaced by Act XVIII of 2023, so it no longer reflects current law, but it explains the framework that governed Pakistan's sea zones for nearly five decades.

Section 2 declared that Pakistan's sovereignty extends to its territorial waters, fixed at twelve nautical miles from a baseline set by the Federal Government, plus the airspace above and the seabed below those waters. Section 3 allowed foreign ships "innocent passage" through these waters, meaning passage that does not threaten Pakistan's peace or security, while foreign warships and submarines needed prior government permission, and vessels carrying nuclear or hazardous materials had to give advance notice.

Section 4 established a Contiguous Zone extending to twenty-four nautical miles, where the Federal Government could act to prevent or punish violations of security, immigration, sanitation, customs, and fiscal laws. Section 5 defined the Continental Shelf (the seabed and subsoil beyond territorial waters, generally up to 200 nautical miles), over which Pakistan claimed exclusive rights to explore and exploit minerals, oil, and other resources, control scientific research, and protect the marine environment. Section 6 similarly established an Exclusive Economic Zone up to 200 nautical miles, giving Pakistan exclusive rights over living and non-living resources, energy production (tides, winds, currents, sun), and environmental protection, while preserving foreign ships' and aircraft's freedom of navigation and overflight.

Section 7 allowed the government to declare "historic waters," and Section 8 set out how maritime boundaries with neighbouring coastal states would be settled by agreement, defaulting to an equidistant line pending agreement. Section 10 made contravention of the Act, or of rules and notifications issued under it, an offence punishable with imprisonment up to three years, a fine, or both; Section 11 extended liability for such offences to company officers who consented to or were negligent about the violation. Sections 12-13 dealt with where such offences could be tried and required prior government sanction before prosecution, and Section 14 gave the Federal Government power to make detailed rules.

Because this Act has been repealed and replaced by Act XVIII of 2023, its provisions should be treated as historical background only -- current maritime zone questions should be checked against the successor 2023 law.

Key topics

territorial watersexclusive economic zonecontinental shelfmaritime boundariesrepealed maritime law

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