Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694870723913.pdf (Guyana)
1 ·----------------------------------------------------- THE NATIONAL ASSEMBLY OF THE FIRST SESSION OF THE NINTH PARLIAMENT OF GUYANA (2006-2010) TENTH REPORT OF THE COMMITTEE ON APPOINTMENTS IN RELATION TO THE APPOINTMENT OF MEMBERS OF THE POLICE SERVICE COMMISSION • • COMMrrrEES DIVIS ION PARLIAMENT OFFICE PUBLIC BUILDlNGS GEORGETO\N:'-1 29th Augu t, 2010 ai __________________________________________________ ___ 1 TENTH REPORT 1.
Introduction The Standing Committee established under the Constitution to address matters relating to the appointment of members of commissions, pursuant to Article 119C of the Constitution and under the provisions of Standing Order No.

84, + has agreed to the following as the tenth Report: 2.
Members of the Committee At a meeting of the Committee of Selection held on 14th December, 2006, the following Members were nominated to the Committee on Appointments to address matters relating to the appointment of Members of the Commission: Members from the People's Progressive Party/Civic: (i) (ii) The Hon.

Dr. Leslie S. Ramsammy, M.P The Hon.

Robert M. Persaud, M.P (iii) The Hon.

Brindley H.R.

Benn, M.P (iv) The Hon.

Priya D. Manickchand, M.P (v) The Hon.


Jennifer I. Webster, M.P (vi) Ms. Gail Teixeira, M.P.

Members from the People's N a tiona!

Congress/Reform - 1 Guyana: (i) (ii) Mrs. Deborah Backer, M.P Dr. George A. Norton, M.P (iii) Ms. Amna Ally, M.P Member from the Alliance For Change: Mrs. Sheila Holder, M.P 3.

Election of Chairman The Committee at its fi rst meeting held on 2151 December, 2006 unanimously elected Ms. Gail Teixeira, M.P., as its Chairperson.

4.
4.

Terms of Reference The Committee, by Resolution No.
17 passed by the National Assembly on 8th Ma y, 2003, was entrusted to discharge the following functions in rela tion to the +- appointment of a member of the Commission established under the Constitution - "(a) identify a ppropriate bodies for consultation in the appointment of the r elevant members of the Commission, conduct the necessa ry consultations with them and, w here necessary, receive nominations from appropriate bodies; (b) make recommendations to the Na tional Assembly (i) for a consensual mechanism for the Ethnic Relations Commission, the Women and Gender Equality Comm issio n, the Indi genous People's Commission and the Right of the Child Commission; (ii) for the appointment of members of the Commissions with the exception of the Public Proc urement Commission; and (iii) in connec ti on with any other matte r referred to it by the Na tiona l Assembly from time to time.
(c) report to the Na tional Assembly in relation to each Commission as soon as possible upon the discharge of its functio n in relation thereto."

2 + + 5.
2 + + 5.

Mandate The Committee was mandated by Article 210 (1) (c) of the Constitution in relation to the Police Service Commission to nominate for appointment by the President: "four members appointed by the President upon nomination by tlze National Assembly after it has consulted such bodies as appear to it to represent the majorihJ of the members of the Police Force and any otlzer such body it deems fit:" 6.
Meetings of the Committee The Committee held a total of fifty meetings over the period 2151 December, 2006, to 27th July, 2010.

7.

Police Service Commission - The Nomination Process The Committee at its 41 51 meeting held on 9th March, 2010, noted that the Police Service Commission was approaching the end of its tenure on October 8th 2010 and agreed to consider the process for its re-establishment.
At its 43rd meeting held on 13th April, 2010, the Committee agreed tha t it would consult the same entities that it had involved in the 2007 nomination process as supported by Resolution.
As a result, the following associations were invited in writing to submit nominations for the appointment in accordance with article 210 of the Constitution: (i) (ii) The Police Association; The Association of Former Members of the Guyana Police Force; (iii) The National Commission on Law and Order; and (iv) The National Community Policing Executive.
3 The National Community Policing Executive by letter dated 27th May, 2010, submitted the following nominees: (i) Mr. Roopchan Jaigobind aka Kishore Gobin - Chairman of the Nation al Community Policing Executive; and (ii) Mr. George Orville Stuart- Secretary of the National Community Policing + Executive.
The Association of Former Members of the Guyana Police Force by letter dated 28th May, 2010, submitted the fo llowing nominees: (i) Mr. Laurie Lealand Lewis, D.S.S Retired Commissioner of Police; (ii) Mr. Lloyd Alvin Smith, D.S.M Retired Deputy Commissioner of Police; and (iii) Ms. Lynette Carter, Retired Senior Supe rintendent of Police.
Th e Police Association by letter dated 30th May, 2010, submitted the following nominees: (i) Mr. Laurie Lealand Lewis, D.S.S Retired Commissioner of Police; (ii) Mr. Harold Martin, Retired Assistan t Commissioner of Police; (iii) Ms. Lynette Carter, Retired Senior Superintendent of Police; (iv) Mr. Lloyd Alvin Smith, D.S.M Retired Deputy Commissioner of Police; and (iv) Mr. Franchot Duncan Clarke, Retired Assistant Commissioner of Police.
4 The National Commission on Law and Order by letter dated 14th June, 2010, submi tted the following nominees: (i) Mr. Dennis Morgan, A.A., Former Chairman of the Police Serv ice Commission; and (ii) Mr. Roshan Khan, Chief Executive Officer/ Founder of RK's Securi ty + Service.
At the 49th meeting on 13th July, 2010, the Committee examined the submissions and the following proposals w hich were made relating to the persons to be signified to the President for appointment to the Police Service Commission: Proposall made by the PPP/C representatives: Mr. Harold Martin, Mr. Franch ot Duncan Clarke, Mr. Lloyd Alvin Smi th and Mr. Dennis Morgan, A.A. Proposal2 made by the PN CR-IG representatives: Ms. Lynette Carter, Mr. Lloyd Alv in Smith, Mr. Franchot Duncan Clarke and Mr. Roshan Khan.
Proposal 3 made by the AFC representative: Ms. Lynette Carter, Mr. Fran chot Dunca n Clarke, Mr. Lloyd Alvin Smith and Mr. Dennis Morgan, A.A.

The Committee in the examina tion of the names before it u nan imously agreed to M r. Franchot Duncan Clarke and Mr. Lloyd Alvin Smith, being two of its nominees and by a majority vote, agreed to Mr. Dennis Morgan, A.A., and Mr. Harold Martin as its third and fourth nominee, respectively, to the Police Serv ice Commission.
5 The Committee ado pted the Report and Motio n a t its fiftieth meeting on 27th July, 2010, and now re ports to the National Assembly that it has meaningfully cons ulted with the Police Assoc ia tio n, the Association of Former Members of the Guyana Police Force, the Na tional Commission on La w a nd Order and the Na tional Executive of Co mmunity Policing Groups, bodies as a ppear to it to "represent the majority of the members of the Police Force and any othe r s uch bod y it deems fit", and reco mmends that Mr. Harold Martin, Mr. Franchot Duncan Clarke, Mr. Lloyd Alvin Smith and Mr. De nnis Morgan, A.A. be signified as the Assembly's choice to the President for a ppointmen t as Members of the Police Serv ice Commission.
/~;/ l y· _/"' I · 1~ ~ -~t~_t..J.

~ L ·'./ Gail ~eixeira, M.P.

Chairperson Committee on Appointments 29111 July, 2010 6 REPORT OF THE SPECIAL SELECT COMMITTEE OF THE NATIONAL ASSEMBLY ON THE MARITIME ZONES BILL 2009 (BILL No.

36 OF 2009) t Publication I.

AN ACT to repeal and replace the Maritim e Boundaries Act 1977, to incorpo rate cer1ain provisions of the United Nations.
Convention on the Law of the Sea and th e U ESCO Convention on the Protection of the Underwater Cu ltural Heritage 200 1. to provide fo r marine scienti fic research, mari time cu ltural area, eco-tou ri sm, marine parks and reserves and maricu lture, the protection and preservati on of the marine environm ent and for related matters.

The Bill was published on gth October, 2009. rntroduction, First and Second Readings 2.
The Bill was introduced in the National Assembly and read a firs t time on 15th October, 2009.

3.

It was debated and read a second time on 29th October, 2009.

+ Committal to Select Committee 4.

Following its second read ing, the Bill was committed by the Nationa l Assembl y to a Specia l Select Co mmittee for consideration.

2 M embers of th e S pec ial Selec t Co mmittee At a meeting h~.

:ld O il I 9'11 I 0\'Clllbt.:r.


2()()l) the Committee or Sckc ti on 11\lllllll.lt~d til~ 5. ro llowing Members to compri se the Special elect Commillcc to consider the 1\l antim~ /nnl:s Bill 2009 (Bi ll o.

3(> of 2009).

• !VI emhers o f th e People's Prog ress ive Party/Civic ( PPP/C) (6) The Han.

Caro lyn Rodri gues- Birkett, M.P.

Minister o f Foreign Affairs The Hon.

Clement J. Rohee, M.P.

Mini ster of Home Affairs The Hon.

Robert M. Persaud, M.P.

Mini ster of Agricu lture The Hon.

B.H.


Robeson Benn , M.P.

Mini ster ofTransp011 and Hydrau lics Ms. Ga il Teixe ira, M.P.

Ms. Bibi S. Shad ic k, M.P.

+- Members of th e People's National Congress Reform- 1 G uya na ( PNC-1 G) (3) Irs.

Clari ssa S. Ri ehl , M.P.

Deputy Speaker of the Nationa l Assemb ly Mr. Winston S. Murray, C.C.H.

, M.P.

Mr. Aubrey C. orton, M.P.

(> .

(1\ FC') \\'as nom inated as a On 11 111 December.

2009.

Mr. Raphad G.C.

Trotman.

M.P.


li·om the !ember of' the Comm ittee.

llianc~ l'or Change 3 Fir t Meetin g of the Committee - Election of C ha ir ma n At the first meeting held on I Oth December, 2009 the Committee elected the li on.

Caro lyn 7.

Rodrigues- Birkett, M.P., Minister of Foreign Affa irs as hairperson of the Special Select Committee.

Other Meeting of th e o mmittee 8.


Th e Committee met on eleven other occasions as fol lows: Wednesday, 13th January, 20 10 Wednesday, 2th January, 20 I 0 Wed nesday, 3rd February, 20 10 Wed nesday, 3rd March, 20 I 0 Wednesday, 24th March, 20 I 0 Wednesday, 3 1st March, 20 10 Wednesday, 14th April, 20 I 0 Wed nesday, 21st A pri I, 20 I 0 Wednesday, 28th Apri l, 20 10 Wednesday, 16th June, 20 I 0 Wednesday, 28th Jul y, 20 I 0 Consultation Process 9.
At the second Meeting of the Committee, the Chairperson informed Members that specialist advisers and officials from the Ministries of Foreign Affairs and Legal Affairs would be attending the Com mittee's meetings to give advice\ hen needed.

Thereafter, the Director o f the Frontiers Departmen t of the Ministry of Foreign Affairs I 0. delivered an excellent presentation to Members.
His presentation outlined the various maritime zones that are menti oned in the Bill and why it was proposed in the Bill th at equid istance should not be the only method of <..lelineating or delimiting the maritim e boundary beyo n<..l the territorial sea.

Co n ider a tion of th e Bill I I. co nsi<..lcrcd the title and clauses.

The Committee co mmenced consi<..leration or the Bi II on 27 th January, 20 I 0 an<..!

4 12.

The matrix attached at ppcndix I idcntifi c changes made by the ( omm ittcc.
Report of the S pecial Select Co mmittee I J.

At its meeting held on 28 111 Jul y, 20 I 0 the Spec ial Select Committee on the Maritime Zones Bill 2009, (B ill o.

36 of2009) agreed that this Report, on its co nsideratio n of the Bil l, shou ld be presented to the ationa l Assembl y.

14.

The Report is accord ingly hereby submitted.

Amend ed Bill ppendix II is the amend ed Bill which ren ects the changes detailed and outlined in 15.

Appendix l. Verbati m Record 16.


The Min utes of the Proceedin gs of the Com mittee, Attendance of Members and Verbatim Records of the Proceedings of the Com mittee have been prepared and are ava il able at Parl iamen t Office.

.

.. h ............ , ...... ..:'./ .. .. !l&tf Hon.

Carol yn Ro( ri gues- Birkett , M. P. Mini ster o f Foreign ffairs, Chairperson ( 'ommirrees Dil •ision Parliament Office Puhlic Builclings /Jrickdam.

Sruhroek ( ieorgetOII'/1 2,'11July.

2010.

5 ,..


APPENDIX I THE SPECIAL SE LECT COMMITTEE ON THE MARITIME ZONES BILL 2009- BILL NO.

36 OF 2009 APPENDIX 1 BILL R EVI SE D BILL Foreign ships carryi ng nuclear or other hazardous Foreign vesse ls carrying nuclear or o ther wastes.

hazardous wastes.

Renumbered 14 MARG INAL NOTES S ECT- ION Arrang e ment of Sectio ns SUB- SECT- ION 15 Eco-to uris m, ma rine rese rves a nd mariculture ope r a tio ns.
pa rks a nd 49 52 - (a) (b) (c) (d) (e) Short Title and Commencement Interpretation I.

2.

.. New.

Numbered 45 Measures to prevent marine pollution.

M easures e nvironme nt.

to p rotect ma rin e Power to make regulations.
Power to make s ubsidia ry legislatio n. P ART I PRE LIM INA RY to AN ACT to repeal and replace the Maritime Unaltered Boundaries Act 1977, incorporate certain provisions of the United Nations Convention on the Law of the Sea and the UNESCO Convention on the Protection of the Underwater Cultural Heritage 200 I, to provide for marine scientific research, maritime cultural area, eco-tourism, marine parks and reserves and mariculture, the protection and preservation of the marine environment and for related matters.
This Act may be cited as the Maritime Zones Act This Act may be cited as the Ma ritime 2009 and shall come into operation in whole or in Zones Act 20 I 0 and shall come into operation in whole or in parts on a date parts on a date appointed by Order of the appointed by Order of the Minister.

Minister.
In th is Act - "artificial island" means any man made extension Unaltered of the seabed or a feature, whether or not the extension breaks the surface of the superjacent waters; '·baselines" means the baselines of the territoria l area detennined in accordance with Section 5 ; "baselines'' means the base lines of the territorial sea detennined in accordance with section 5; ·'continental shetr' means the continental shelf of "continental Guyana as defined in section 2 1 ( I); means the shelf' continental shelf o f Guyana as defined in section 20( I); "continental marg in" means the continental margin of Guyana as defined in section 20(3); ··continental margin" means margin of Guyana as defined in section 2 1 (3); the continental '·Convention", means Convention on the Law o f the Sea signed on I 0 December 1982, at Montego Bay, Jamaica; the United Natio ns Unaltered (f) ·'exclusive economic zone" means the exclus ive ·'exclusive economic zone" means the Cap:47:01 (g) (h) (i) U) (k) (I) (m) (n) exclus ive economic zone of Guyana establ ished under section 26( 12_; economic zone of Guyana established under section 27( I): .. high seas .. has the same meaning assigned to it Unaltered in the Convention; ·'highest astronomical tide" means the highest sea Deleted level that can be expected to occur under average under any meteorological conditions combination of astronomical conditions: and ··high-water line'' means the intersection of the Deleted highest astronomical tide wi th the land includes the high-water line on an island: ·'installation ··includes - (i) a moored vesse l; (i i) a communication cable: (iii) an oil pipeline: (iv) a mi lita ry surveillance installation; and (h) ·•installations ·· includes - Unaltered - renumbered (h) Unaltered Unaltered Unaltered (v) a pipeline which is used for the transfer of (v) a pipeline which is used for the transfer of any substance to or from a any substance to or from a ship.
a research, research.
exploration or exploration or production platform, or the coast vessel, a production platform, or the coast of of Guyana; Guyana; for the Unaltered (vi) an exploration or production platform used in Unaltered the prospecting for or mining of any substance: (vii) an exploration or production vessel used in Unaltered the prospecting for or mining of any substance; (vi ii) a telecommunications line as defined in Unaltered section I of the Posts and Telecommunications Act; (ix) a vessel or equipment used exploration or exploitation of the seabed; (x) an area situated wi thin the distance of 500 Unaltered metres measured from any po int on the exterior side of an installation referred to in subparagraph (i) or (ii) other than a pipeli ne; (xi) an area situated under or above an Unaltered installation referred to in subparagraph (i) or (ii); or (xi i) any other structure whether permanent or Unaltered tem porary within the mariti me zone.
which is being or intended to be used for or in connection the exploration and exploitation and with conservation and management of the natu ral resources.

·'internal waters .. means the internal waters of Unaltered - renumbered (i) Guyana as de fined in section 7: ··island"' means a naturally formed area of land.

Unaltered - renumbered U) surrounded by water.


which is above water at high tide: " lowest astronomical tide·· means height of high water as marked on large sca le maps recognised by the Government; .. .. maritime zones territorial sea.

contiguous zone, the continental shelf and the exclusive economic zone: means the internal waters.

Unaltered - renumbered (1) the mea n Unaltered - renumbered (k) 2 Act No.
I I of 1966 (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) " master" includes every person lawfully hav ing , ·'master" includes every person law fully fo r the time be ing, co mmand or charge of any hav ing, fo r the ti me being, comm and or vessel; charge of a ny vessel or submarine; Renumbered (m) " miles" means international nautical miles of Unaltered - renu mbered (n) I ,852 me tres each; "Minister" means Affairs, unless otherw ise indicated ; " natural resources" has the sa me meaning as ass igned to it under the Environment Protection meaning as assigned Act 1996; the Minister o f Foreign Unaltered - renumbered (o) resources" " natural has to the same it under the Environme ntal Protection Act 1996; Re numbered (p) the same meaning as Unalte red - renumbered (q) large-scale c harts or Deleted recognised " nautical m iles" has " m iles"; " officially maps" means la rge-scale charts or maps supplied by the G uyana Lands and Surveys Commission; " reso urces" means the living a nd non-living resources of the seabed and its subsoil, and o f the waters superj acent to the seabed; as well as resources for the productio n of energy from times, w inds a nd current; " resources" means the li ving and non- living resources of the seabed and its subsoil, a nd of the waters superj acent to the seabed ; as well as resources fo r the prod uction of e nergy tides, currents and winds; Renumbe red (r) fro m " right of innocent passage" means the right of Unalte red - renumbered (s) innoce nt passage referred to in section I 0; "sea" means the water of the sea, as we ll as the Unaltered - renumbered (t) seabed and its subsoil; " submarine" includes a ny underwater vehicle however prope lled; "submarine" vessel however pro pe lled Re numbered (u) includes a ny underwater the territorial sea of Unalte red.
- renumbered (w) the shortest distance Unaltered.

- re numbered (v) line" means "straight betwee n two points on a surface; "territorial sea" means Guy ana referred to in section 3; " UNESCO" means Educational, Organisation; " UNESCO Conve nti on" means the UNESCO Una ltered.
- renum bered (y) Convention on the Protection of the Underwate r Cultural Heritage 2 00 I; " vessel" inc ludes ship, boat or any other mode of water transport empl oyed in navigation; the United Nations Una ltered - re numbered (x) Scie ntific Cultural and " vessel" includes sh ip, boat o r any other mode of wate r transport employed in navigation but does not include a foreign warship renumbered (z) "waste" includes any matter prescribed to be Unaltered - renumbered (aa) waste and any matter, whethe r liquid, solid, gaseous or rad ioactive, which is discharged, emitted or deposited in the environment in such vo lume, composition or manner as to cause a n adve rse effect.
PART II T ERRITORIAL S EA Limi ts of the T .

:rritorial Sea 3.

( l ) The te rritorial sea comprises those areas o f the Unaltered.

sea having as their inne r limits the baselines 3 , Rights over the T~rri torial S~a Ba;,~lines of the rerritorial sea LO\\-water line (2) 4 .

( I) (2) 5.

6 .

Limits of the mtcrnal "atcrs 7.

I (a) (b) Rights over internal '' atcrs 8.

( I) Clu)ing l.tncs 9.

(2) (I) (2) (a) (b) referred to in section 5 and as their outer lim its a line.

measured from the baseli nes.


every point of whic h is twelve nautical miles from the nearest point of the baselines.

the purpose of delimiting the For the purpose of delimiting the territorial sea, For territorial sea.

the outermost permanent the outermost permanent harbour works which harbour works which form an integral form an integral part of any harbour system shall be treated as forming part of the coast.

but for part of any harbour system shall be treated as forming part of the coast.
but that purpose offshore installation and artificial for that purpose offshore installations islands shall not be considered as permanent and artificial islands shall not be harbour works.

considered as permanent harbour vorks.

the The sovereignty of Guyana extends to the te rritorial sea, the seabed and its subso il under and the airspace over that sea.

The sovereignty of Guyana extends territorial sea, the seabed and its subsoil under the airspace over that sea.
to territorial sea Guyana, in the exercise of its sovereignty.

has Unaltered.

exclusive jurisdiction over the subj ect to international law and the Convention.

The baselines from which the territorial sea shall Una ltered.

be measured shall be the low-water line along the coast and, where the coast I ine is broken by a river, a straight line joining the two points where the low-water line on the coast ends on either side of the ri ver.

For the purposes of section 5, the low-water li ne Unaltered.
in any specified area is the lowest astronomical tide leve l on the coast of Guyana that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.

PART Ill INTE RNAL WATERS The internal waters compri se - Unaltered.

the areas of the sea that are on the landward side Unaltered.

of the baselines which form the inner limits of the territorial sea: and all rivers.

bays.

historic bays, ports, harbours and Unaltered.


waters lying landward of the baselines.

The sovereignty of Guyana extends beyond its Unal tered.

land territory to the internal waters, the seabed and its subsoil under and the air space over the internal waters.

Guyana.

in the exercise of its sovereignty.

has Unaltered.

exclusive jurisdiction over the internal waters.

The Minister respons ible for lands and surveys The Minister in consultation with the lands and may.
by regulations, prescribe c losing lines to Minister surveys may.

by regulations.

prescribe delimit internal \Yaters.

closing lines to delimi t internal waters.

responsible for In this section ... clos ing lines .. means the straight Unaltered.

lines.

drawn in accordance with the provisions of the Convention.

that - cross the mouth of a river: enclose a bay: or Unaltered.

Unaltered.

4 (c) delimit the waters of a harbour.

Unaltered.


PART IV INNOCENT PASSAGE Right of innocent passage in the territorial sea 10.

( I) (2) (3) (a) (b) (4) the purpose of Subject to sections 12 and 13 and any other Subject to sections 11 and 12and any relevant law, all foreign ships shall enjoy the other relevant law, all foreign vessels shall enjoy the right of innocent passage right of innocent passage through the territorial through the territorial sea.

sea.
Innocent passage, to which subsection ( I) refers, Innocent passage, to which subsection ( I) refers, shall be continuous and shall be continuous and expeditious and not prej udicial to the peace, good order or security of expeditious and not prejudicial to the Guyana and includes stopping and anchoring, but peace, good order or security of Guyana only in so far as they are incidental to ordinary and includes stopping and anchoring, navigation or are rendered necessary by force but only in so far as they are incidental majeure or distress or for to ordinary navigation or are rendered rendering assistance to persons, ships or aircraft necessary by force majeure or distress or for the purpose of rendering assistance in danger or distress.
to persons, vessels or aircraft in danger or distress For the purposes of this section, " innocent Unaltered.

passage" means navigation through the territorial sea for the purpose of - crossing internal waters or calling at a roadstead or port facil ityoutside the internal waters; or proceeding to or from the internal waters or Unaltered.

calling at a roadstead or port facility outside the internal waters.
In exercising the right of innocent passage, a right of innocent foreign ship shall comply with the laws of passage, a foreign vessel shall comply Guyana, any order, direction, licence or any other with the laws of Guyana, any order, authority relating to the exercise of innocent direction, licence or any other authority the exercise of innocent passage through the territorial sea.

those waters without entering the Unaltered.

exerctsmg .. the In relating to passage through the territorial sea.
Right of innocent passage in the internal waters II.

(I) (2) Regulating innocent passage 12 ( I) - .I (2) Where a straight base line, as referred to m Deleted section 5, has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage shall exist in those waters.

Where closing lines are prescribed to delimit Deleted.
internal waters in accordance with section 9, any right of innocent passage previously existing in the internal waters delimited by those closing lines shall continue to ex ist to the extent that it previously existed.

( I I) (I) A foreign warship, including a A foreign warship, including a submarine and any other underwater ve hicle of war, may enter submarine and any other underwater or pass th rough the territorial sea after giving vessel of war, may enter or pass through prior notice to the President.
territorial sea after givi ng prior the notice to the President.

Renumbered II A submarine or any other underwater vehicle A submarine or any other underwater exercising the right of innocent passage through vessel, whether or not a vessel of war, the territorial sea shall navigate on the surface exercising the right of innocent passage through the territorial sea shall navigate and show its flag vehicle while passing through on the surface and show its flag while the territorial sea.
passin& through the territorial sea.

(3) The Minister responsible for transport and The Minister responsible for transport 5 ., traffic separation schemes for harbours may by order designate sea lanes and prescribe the regulation of the passage of ships through the the internal waters and territorial sea and interest of safety of navigation .
in A captain or person in charge of an underwater vessel who contravenes subsection (2) commits liable on conviction on an offence and indictment to a five of five thousand dollars and to imprisonment for five years.

is (4) Non-tnnoc..:nt passage 13 (I) (a) (b) (c) (d) (e) (t) (g) (h) ( i) (k) (2) (a) {b) 111 act, The passage of a foreign vessel is prejudicial to the peace, good order or security of Guyana, that is to say.

the passage is not innocent if, while in the territorial sea.
the vessel engages in - any threat or u e of force against the sovereignty, territorial integrity or political independence of Guyana or act in any other manner in violation of the principles of international law; any exercise or practice with weapons of any kind; any contemplation of collecting information.

which would be prejudicial to the defence or security of Guyana: any act of propaganda calculated to affect the defence or security of Guyana: the launching of.
landing on or taking on board of any aircraft or military device: the loading or unloading of any commodity, currency or person contrary to any laws relating to customs, excise.

immigration or sanitation; the willful discharge of any substance which causes pollution.
the Convention; any fishing activities: in contravention of the carrying on of research or surveying activities: any act designed to interfere with any system of facility or communication or any other installation in Guyana: or any other activity not directly related to its passage.

The captain or person in charge of a foreign vessel or an underwater vessel who takes part in or causes his vessel to be engaged in.

and any other person on board who takes part in.


any activity specified in subsection (I) - each commits an offence and are each liable on convict ion on indictment to a fine of five hundred thousand dollars and to imprisonment for five yea rs: and I '"here the offence is conti nued after conviction.
the captai n and the other person who '"ere for the and harbours may by order designate sea lanes and prescribe traffic cparation schemes regulation of the passage of vessels through the internal waters and territorial sea and in the interest of safety of navigation.
A master of a submarine, not being a vessel of war, who contravenes subsection (2) commits an offence and is liable on conviction on indictment to a fine of live million dollar and to imprisonment for live year , and in addition the Court may order the forfeiture of the submarine.

Unaltered.

Renumbered 12 (I) Unaltered.

Unaltered.

Unaltered .

Unaltered.

Unaltered.

Unaltered.

the wilful discharge of any ubstance which causes pollution, in contravention of the Convention; Unaltered.
the carrying out of research or surveying activities: Unaltered.

Unaltered.

rhe master of a foreign vessel or ubmarine, not being a ve el of war, who takes part in or causes the vessel or submarine to be engaged in.

and any other person on board who takes part in.
any activitv speci tied in subsection (I) - ..:ach commit an ofTence and is liable on con\ iction on indictment to a fine or not less than one million dollars nor more than ten million dollars and to impri onmcnt for the \cars: and '"here the offence is continued after j conviction, the master and the other 6 Security measures 14 convicted, each commits a further offence a nd is liable on conviction to a fi ne of three hundred thousand dollars for each day on which the offence is conti nued, and in addi tion lhe Court may order the fo rfei ture of the vesse l. The President may make orders and exercise powers and take measures in relation to the territorial sea as is necessary in the interest of the peace, good order or secur ity of G uyana or any part of G uyana, and the measures may include the suspension, whether absol utely or subject to any exceptions and qualifications as the President thinks fi t, of the right of innocent passage of all or any class of foreign ships throug h any area of the territorial sea.
Foreign vt stls carrying nucJ.

:ar or other hazardous wastes A person shall not, except with prior permission, agreement or consent of and prior notificatio n to the Min ister responsible for the environment, store, tra nsport or perm it to store or transport any nuclear or othe r inherently dangerous or noxious substa nces in the interna l waters a nd territorial sea.
15 { I ) is con tinued, person who were convicted, each comm its a furt her offence and is liable on conviction to a fine of three hundred thousand do llars for each day on which in the offence a nd addition th e C ourt may ord e r the fo rfeiture of t he vessel or subm a rine.
( 13) The President may make orders and exercise powers and take measures in is relation necessary in the interest of the peace, good order or security of Guyana or any part of G uyana, and the measures may include suspensio n, whether abso lutely or subject to any exceptions and qua lifications as the President thinks fit, of the right of innocent passage of al l or any class of fo reign vessels through any area of the territorial sea.
territorial sea as the the to n uclea r Renumbered 13 A maste r of a foreig n vessel sha ll no t sto r e, t ra ns po rt or pe rm it to sto re o r o r oth e r transpo rt a ny inherently dangero us o r nox ious s ubst a nces, ha rmful su bsta nces a nd haza rd ous wastes inte rna l waters a nd te rrito ria l sea except with the p er mission, w ritte n agree me nt o r consent of, a nd pr io r notification M iniste r to, responsible for th e e nv ironme nt.
pr io r t he the in or noxious Where any fo reign nuclear-powered ship or foreign ship carries nuclear or othe r inherently substances while dangerous exercising the right of in nocent passage through the territorial sea, the captai n or person in charge of the ship shall, in relation to the ship and substances, carry the necessary documents and shall observe the precautionary meas ures that are estab lished for those ships by a ny internat ional agreeme nt app licable to the carrying of those substances or any law fo r the ti me bei ng in force.
A ship to which subsection (2) refers may be required to confine its passage to such sea lanes as may be prescribed.
Any person who contravenes section commits an offe nce a nd is liable on conviction on indictm ent to a fi ne of ten mill ion do llars and to this (2) (3) {4) (I), marginal note Renumbered 14 amended Where any foreign nuclear-powered vessel or foreign vessel carries nuc lear or other inherently dangerous or noxious substances while exercisi ng the right of innocent passage through the territorial sea, the master of the vessel shall, in re lation to the vessel and substances, carry the necessary docu ments and shall observe the precautionary measures that are established for those vessels by any international agreement app licable to the carrying of those substances or any law for the time being in force.
Renumbered 14 (2 Ave set to which subsections (2) a nd (3) refe r may be required to confine its passage to such sea lanes as may be prescribed.

Renumbered 14 (5) A maste r of a ve sel who contravenes thi s section commits an offence and is liable on summ a r y co nviction t o a fi ne 7 imprisonment for twenty- fi ve years.

of not less than ten million dolla rs nor more tha n twe nty million do llars and to imprisonment for not less tha n seven yea rs nor more tha n twe nty-five yea rs.
~ Discha rge o f harmful >ubs tanccs and oth er ha7ardous wast ~ s 16 ( I ) (2) (3 ) (4) (5) (6) the prior A person shall not, except with permiss ion or agreement and notification of the Minister the envi ronment, d ischarge any harmful substances and hazardous wastes in the internal waters and territorial sea.
responsible for Ships carrying rad ioacti ve materials shall not pass through any part of the terri torial sea or internal waters unless prior notification of intended passage and the route to be taken by the ship th rough those waters or the sea has been given in accordance with regulations that may be prescri bed.
The Minister responsible for the environment may make regulations regulating the passage of ships carry ing hazardous waste, and nuclear and radioactive materials through all or any part of the internal waters and territorial sea.

Regulations made under this section shall provide including for the action that may be taken, stopping ensure compliance with the regulations.

board ing ships.

and to In this section.

·'radioactive materials'' means waste that.


as a result of be ing radioactive, is subject to an international control syste m or international instrument applying specifically to radioac ti ve materials.

A person who contra ve nes this section commits an offence and liable on conviction on indictment to a fi ne of twenty mi ll ion dollars and to imprisonment for twenty-fi ve ) ears.

is I. a\\ ~ applicable 10 the nghts o f hot 17 pur~ u1 t With the exception of penal laws.
the laws of Guyana hall apply with respect to the execution of offi cial and defence duties by Guvanese pu bl ic nox ious Renumbered 14 (6) A master of a foreign vessel shall not discha rge or permit to discharge any nuclear or other inherently dange rous or ha rmful substa nces a nd hazardous wastes in the interna l waters and territo ria l sea except with prior written the permission, agreement or consent of, and prior notification, to the M inister res ponsible for the environment.
substa nces, Renumbered 15 ( I) A vessel carrying radioactive materia ls sha ll not pass through any part of the territorial sea interna l wa ters or unless prior notification of intended passage and the route to be taken by the vessel through those waters or the sea in accordance with has been given regulations that may be prescribed.
Renumbered 14 (3) The Minister in consulta tion with the Minister responsible for the environment may make regulations regulating the passage of vessels carrying hazardous waste, and nuclear and rad ioactive materials through all or any part of the interna l waters and territorial sea.

Renumbered 14(7) Regulations made under this section shall provide for the action that may be taken, including stopping and boarding vessels, to ensure compliance with the regulations.
Renum bered 14 (8) Renum bered as 14(4) A mast er o f a vessel w ho co ntrav enes this sectio n co m mits an offence a nd is li able on s umm a r y conv ictio n to a fin e of n ot less t han twenty millio n do lla rs n or more th a n for ty million dolla rs a nd to im pr iso nme nt for n ot less th a n ten y ea rs nor mo re th an twenty-five yea rs.
Renumbered 15 (2) ( I )The laws of Guyana shall apply \\ ith respect to the execution of offi cial and defence duties by Guyanese pub lic 8 officia ls and defence forces in relation to hot pursuit from within the internal waters, territorial sea and contiguous zone undenaken in accordance with Anicle Ill of the Convention and the conduct obstructing such execution.
oflicials and defence forces in relation to hot pursuit from within the internal waters, territorial sea, contiguous zone, exclu ive economic zone and continental helf, around including continental in tallation , helf undenaken in accordance with Anicle Ill of the Convention and the conduct obstructing such execution.
zones afety (2) A per on who does any act in pur ua nce or intended pursuance of the function conferred on him by or under this Act shall not be subject to any civil or criminal liability in respect of such act, whether on the ground of wa nt of jurisdiction, mistake of law or fact or on any other ground, unless that per on ha acted or omitted to act, in bad faith.

Renumbered 16 ( I ) and (2) PARTY T H E CONTIGUO US ZONE subject Unaltered.
Renumbered 18 The contiguous zone comprises the area of the Unaltered.

Renumbered 17 sea that has as its inner limit the outer limit of the territorial sea and as its outer limit the line every is a distance of twenty-four point of which nautical miles from the nearest points of the baselines of the territorial sea.
Where the Minister has reasonable grounds to believe that a person in the contiguous zone would, if that person were to enter Guyana, comm it an offence in relation to a customs, fi scal, immigration or sanitary law, the Minister international may, obligations, deny that person entry into Guyana.
Subject is reasonable ground to believe that a person has committed an offence in the contiguous zone in respect of any customs, fiscal, immigration or sanitary law, every power of arrest, entry, search or seizure or other power that could be exercised in Guyana in respect of that offence may also be exercised in the contiguous zone.

A power of arrest shall not be exercised in the contiguous zone on board any ship registered outside Guyana without the consent of the Attorney General of Guyana.

Unaltered.
Unaltered.

Renumbered 19 to Guyana's to subsection (2), where registered there Without limiting subsections ( I) and (2), the Minister may exercise other powers and take measures in or in relation to the contiguous zone the as the Minister considers necessary for security of Guyana.
Any person who commits an offence in Guyana from the contiguous zone or enters Guyana having committed an offence in the contiguous zone is liable on conviction on indictment to a fine of five million dollars and to imprisonment for ten years.

A power of arrest shall not be exercised in the contiguous zone on board any ve el outside Guyana without the consent of the Attorney General of Guyana.

Unaltered.
Unaltered.

Any person who commits an offence in Guyana from the contiguous zone or enters Gu;ana having committed an offence in the contiguous zone is liable on conviction on indictment to a fine of to seven million dollars and 9 18 19) ...,... 20 ( I) (2) (3) (4) (5 ) (6) (a) (b) Limits of the conti nental ~h cl f 2 1 ( I) (a) (b) (2) (J ) ( I ) (a) (b) R1ghts of the cont in~ nta l shelf 22 imprisonme nt for seven years.
Guyana has and may exercise in respect of the Guyana has, and may exercise in respect contiguous zone such powers and authority as of the contiguous zone, such powers and authority as may be necessary to prevent may be necessary to prevent or punish the infringement with in infringement within Guyana, internal waters and territorial sea, of any wri tten Guyana, includi ng its internal waters law with respect to customs, fiscal.

imm igration and territorial sea, of any written law fi scal, or san itation.
its or pun ish inc lud ing custom s. respect the to with immigration or san itation.

The Minister may make regulations that permit.

Unaltered.

in the contiguous zone, the exercise of controls necessary to - prevent infringement of any customs, imm igration or sanitary laws within Guyana, its internal waters and territorial sea: and puni sh the in fringement of those laws committed pun ish the infringement of those laws within Guyana.
its territorial sea and internal committed within Guyana, its internal waters.

waters and territorial sea.

fiscal, Unal tered.

PART VI THE CONTINENTAL SHELF territorial sea Renumbered 20 to the The continental shelf comprises the seabed and Unaltered.

its subsoil of the submarine areas that extend beyond and adjacent throughout the natural prolongation of Guyana's land territory - subject to Article 76(2) of the Conve ntion, to the Unaltered.
outer edge of the continental margin; or to a distance of two hundred nautical miles from Unaltered.

the baselines of the territorial sea where the outer edge of the continental margin does not extend up to that distance.

Where the outer edge of the continental margin Unaltered.
extends beyond two hundred nautical miles from the baselines, the President may, by regulation, establish the outer lim its of the continental shelf having regard to the principles and methods of delineation of the continental shelf beyond that point specified in Article 76 of the Convention.

For the purposes of subsections ( I ) and (2).

continental margin submerged prolongation of the land mass of Guyana consisting of the seabed and its subsoil.

the slope and the rise of the continental shelf.


but does not include the deep ocean tloor with its oceanic ridges or its subsoil.

the Unaltered.

comprises the rights In the continental shelf there is vested in Guyana Unaltered.

Renu mbered 2 1 - sovereign and exclusive ri ghts for the purpose of Unaltered.

exp lori ng, ex ploiting.

conserving and managing its natural resources: exclusive authorisation and regulation of the construction.

operation.

maintenance and use of arti ficia l islands.


off-shore installations and te rminals, other structures and devices necessary for the exploration and ex ploitation of the resources of the continental she If or for the convenience of shipping or for any other economic purpose: the Unaltered.

j urisdiction and for 10 ,.


(c) (d) (e) 2 License or authority to explore or exploit resources 23 ( I) Declaration of designated area 24 (a) (b) (c) 2 (a) (b) (i) (ii) (iii) (iv) (v) exclusive right to authorize and regulate drilling Unaltered.

for any purposes; jurisdiction to authorise, regulate and control Unaltered.

marine scientific research; and jurisdiction to preserve and protect the marine Unaltered.

environment and to prevent and control marine pollution.
The natural resources to which subsection ( I ')(a) The to which refers consist of the mineral and other non-living subsection (I )(a) refers consist of the resources of the seabed and subsoil together with mineral and other non-living resources living organisms belonging to sedentary species, of the seabed and subsoil together with that is to say, organisms which, at the harvestable living organisms belonging to sedentary stage, either are immobile on or under the seabed species, that is to say, organisms which, the harvestable stage, either are or are unable to move except in constant physical at contact with the seabed or subsoil.
immobile on or under the seabed or are unable in constant physical contact with the seabed or subsoil.

to move except resources natural in A person, including a foreign government and an Unaltered.

Renumbered 22 the international organization, shall not, continental shelf, except under and in accordance with the terms of a licence or a letter of authori ty granted by the President - explore or exploit its resources; Unaltered.

carry out any search or excavation or conduct any Unaltered.
research; or drill or construct, maintain or operate any Unaltered.

artificial island, off-shore terminal, installation or other structure or device for any purpose.

Any person who contravenes subsection (I) commits Any an offence and is liable on summary conviction to a tine of three hundred thousand dollars and on conviction on indictment to a tine of five hundred thousand dollars.
person who contravenes subsection (I) commits an offence and is liable on summary conviction to a fine of three million dollars and on conviction on indictment to a fine of five million dollars, and in addition the court before which the person was convicted may order the forfeiture of any vessel and equipment used in the commission of the offence.
Renumbered 23 The President may by order - declare any area of the continental shelf and its declare any area of the continental shelf superjacent waters to be a designated area; and to be a and its superjacent waters designated area for any purpose; and make any provisions as the President considers Unaltered.

necessary with respect to - the exploration, exploitation and protection of the Unaltered.
resources of the continental shel f within the designated area; the safety and protection of artificial islands, off- Unaltered.

$hore terminals, installations, and other structures and devices in the designated area; the preservation and protection of the marine Unaltered.

environment of the designated area; customs and other fiscal matters in relation to the Unaltered.
designated area; the entry into and passage through the designated the entry into and passage through the 11 area by foreign ships by the establishment of fairways.

sea lanes, traffic separation schemes or freedom of any ot her mode of ensuring the to navigation which interests of Guyana: and is not prejudicial the conduct of marine scientific research in the designated area.
Without limiting the provisions of section 14 and subj ect to any measures that may be necessary interests of Guyana, the for protecting Government shall not impede the laying or maintenance of any submarine cables or pipel ines on the continental shelf by other States except that the consent of the Minister shall be necessary for the delineation of the course for the laying of the cables or pipelines.

the designated area by foreign vessels by the establi shment of fairways, sea lanes.
traffic separation schemes or any other mode of ensuring freedom of navigation which is not prej udicial to the interests of Guyana; and Unaltered.

the not impede limiting Without the provisions o f section 23 and subject to any measures that may be necessary for protecting the interests of Guya na.
the Government laying or shall mai ntenance of any submarine cables or pipelines on the continental shelf by other States except that the consent of the Minister shall be necessary for the delineation of the course for the layi ng of the cables or pipelines.

Renumbered 24 Guyana has jurisdiction with regard to customs, Unaltered.

Renumbered 25 fiscal, health, securi ty and immigration laws in relation to the continental shelf.

The rights enjoyed by Guyana in the continenta l Renumbered 25 (3) she!
f and the continental margin that are not this Act shall be exercised m sti pulated in accordance with the Convention.

international law and the laws of Guyana.

To enable Guyana to exercise the sovereign rights and j urisdiction it has in the continental shelf, there is extended to the continental she!

f, to the extent recognised by international law, the law from time to time in force in Guyana.

to exercise To enable Guyana the sovereign rights and jurisdiction it has in the continental she!
f, there is extended to the continental shelf, to the extent the recognised by la ws of Guyana.

international law.

Renumbered 25 (2) (a) Una ltered.

Renumbered 25 (2) (b) In particular, the laws of Guyana shall apply to artificial islands.

installations and structures on the continental shelf as if they were in the territorial sea.

In exercising its rights and performing its duties Unaltered.

Renumbered 25 (4) in the continental she!


f, Guyana shall have due regard to the rights and duties of other States and shall act m a manner compatible with international law.

PART VII THE EXCL USI VE ECONOMI.C ZONE The exclusive econom ic zone comprises an area Unaltered.
of the sea beyond and adjacent to the territorial Renumbered 26 sea extending to a line every point of wh ich is a distance of two hundred nautical mi les fro m the nearest point of the baseline of the territorial sea and is so designated as the exclusive economic zone of Guya na.

The Minister may by regulations.

prescribe the Unaltered.

line of the outer limit of the exclusive economic zone.

In the excl usive economic zone.

there is vested in Unaltered.
12 (vi) S ubmarine cabks and pipelines in the contine ntal s helf 25 Exerc ise o f jurisdict ion in the conti nental shel f 26 ( I) (2) (a) (b) (c) ( I ) (2) ltmlls nfthe economic Lone R tghts of the 28. exclusive economic zone G uyan a - Renum bered 27 (a) (b) (c) (d) (e) ( f) 29 30 ( I ) sovereign rights fo r the purpose of exp loration, ex plo itati on, conservation and management of the natural resources, both li ving and non-li ving as we ll as fo r producing e ne rgy from tides, w inds and c urre nts; fo r and rights jurisdiction the exclusive construction, maintenance or operation o f artificial island, off-shore te rm inals, installatio ns and other structures a nd devices necessary fo r the explorati on and exploitat ion of the resources o f the zone or for the conveni ence of sh ipping or fo r any othe r purpose; jurisdiction to a uthorise, regulate and control marine scientific research; j urisdiction to preserve and protect the marine environment and to preve nt and contro l ma rine pollution; j uri sdiction with to customs, health, security and imm igrat ion laws; and regards fiscal, the the purpose of fo r sovereign rights exploration, exploitat ion, conservation and man ageme nt of natura l resources, both li ving a nd non-liv ing as we ll as for producing energy from t ides, currents and winds; exclusive rights a nd jurisdiction for the construction, maintena nce or o perati on of arti ficial islands, off-shore te rminals, insta !lations and other structures a nd devices necessary for the exploration and ex plo itation o f the resources of the zone or for the convenie nce of shipping or for any othe r purpose; Unaltered.
Unaltered .

Una ltered .

recogn ised by Unaltered.

rights that are any other international law.

In the exclusive economic zone and the air space over the zone, every State sha ll, subj ect to the exercise by G uyana of its rights within the zone, e nj oy freedom of navigation and over flight.
A person, including a foreign government and an inte rna tional organ ization, shall not, the exclusive economi c zone, except under and in accordance with the terms o f any agreement with the Government of G uyana or of a licence or letter of authority granted by the President - in Unaltered.
Renumbered 28 includ ing an a nd a fore ign A person, government inte rnatio nal organ ization, shall not, in the exclusive in econo mic zone, except under and accordance with terms of any the written agreement with the Governm ent o f G uyan a or of a licence or letter o f authority granted by the President - Re numbered 29 Unaltered.

Unalte red .

Unaltered.

Unal tered.


Any person who contravenes subsection ( I) commi ts an offence and is liab le on summary conviction to a tine of three million dollars.

and on conviction on indictment to a line of fi ve million dol lars and in addition the court before which th e person was convicted may order the forfeiture of any vessel and equipment used the comm ission of the offence.
in ~ (a) (b) (c) (2) (3) explore or exploit a ny resources; carry out any search or excavation or conduct a ny research; or drill o r construct, mainta in o r operate any artificia l is land, off-shore term inal, insta llation or other structure or device for a ny p urpose.

Nothing in th is section sha ll app ly in re lation to fishingb ya citi zen of G uya na.
Any person who contravenes subsection ( I) commits an offence and is li able on summary conviction to a line of three hundred thousand dollars and on conviction on indictment to a fi ne of fi ve hundred thousand dollars.

3 1 The President may by order - Unaltered.

Re num bered 30 13 (a) (b) ( i) ( ii) (iii) (iv) (v) (vi) declare any area of the exclusive economic zone to be a designated area: and the President considers make provisions as necessary with respect to - the exploration.
exploitation and protection of the resources of the designated area: any other act ivities for the economic exploitation and exploration of the designated area such as the production of energy from tides, winds and currents: terminals, the safety and protecti on of artificial islands, off installations and any other shore structure and devices in the designated area; the protection of the marine environment of the des ignated area: customs and other tiscal matters in relation to the designated area: or enrry into and passage through the designated area of foreign ships by the establishment of fairways, sea lanes.
traffic separation schemes or freedom of any other mode of ensuring navigation which the to interests of Guyana.

is not prej udicial To enable Guyana to exercise the sovereign rights and jurisdiction it has in the exclusive economic zone there is extended to that zone, to the extent recognised by international law, the law from time to time in force in Guyana.

32 ( I ) declare any area of the exclusive economic zone to be a designated area for any purpose: and Unaltered.

Unaltered.
Unaltered.

any other act ivities for the economic exploitation and exploration of the designated area such as the production of energy from tides.

currents and winds; Unaltered.

Unaltered.

Unaltered.

entry into and passage thr ugh the designated area of foreign vessels by the establishment of fairways.

sea lanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of Guyana.
the To enable Guyana sovereign rights and jurisdiction it has in the exclusive economic zone, there is extended to that zone, to the extent recognised by international law, the laws of Guyana.

to exercise Renumbered 3 I (2) (3) 33 J.j In particular, the law of Guyana shall apply to Unaltered.

artificial islands, installations and structures in the exc lusive economic zone as if they were in the territorial sea.

In exercising its rights and performing its duties Unaltered.
in the exclusive economic zone, Guyana shall have due regard to the rights and duties of any other state and shall act in a manner compatible wi th internationa l law.

The norms.

regulations and measures for the prevention, reduction and contro l of pollution from ships, aircraft, artificial islands.

scienti fic insta llations and structures research stations, which are m effect within the lim its of the internal waters, territorial sea and the contiguous zone shall extend to the exclusive economic zone.
taking into accou nt international rules and standards.

international treaties and international conventions to which Gu)'ana is a party.

research scienti fie The norms.

regu lations and measures for the prevention.

reduction and control of poll ution from vessels, aircraft, artificial stations, islands, installations and structures which are in effect with in the limits of the internal waters.

territorial sea and the contiguous the exclusive zone shall extend into account economic zone.
international standards.

international treaties and conventions to which Guyana is a party.

to taking rules and Renumbered 32 Rights enjoyed by Guyana economic zone that are not stipulated in this Act tn the exclusive Unaltered.

Renumbered 33 14 shall be exercised the Convention, international law and the laws o f Guyana.
in accordance with PART Vlll DELIMITATION OF MARITIME BOUNDARIES Delimitation of the boundaries of the territorial sea Delim itation of the boundaries of the territorial sea between any State opposite or adj acent to Guyana shall be by agreement between Guyana and that State and failing agreement, nei ther of the two Stares is entitled to extend irs territorial sea beyond rhe median line every point of which is eq uid istant from the nearest points on the baselines from whi ch the breath of the territorial sea o f each of the two States is measured.
35 ( I) a nd international In accordance with Ar ticle IS of the law, Convention delimitation o r th e boundaries of the territorial sea between G uyana a nd a ny State opposite or adjacent sha ll be by agreement between Guyana a nd that the State territoria l sea shall not be extended beyond the media n line every point of which is equidista nt from the nearest points on the baselines from which the breadth of the territo rial sea of each of the two States is meas ured.
agreement fa iling a nd Delimitation of boundaries of the continental she If and the exclusive economic zone Settlement of disputes ~ Publication of agreement .... _ Preparation of charts and gcograph ical coordinates 36 37 38 39 (2) it Subsection ( I) shall not app ly whe re is necessary by reason of h istoric title o r other spec ia l ci rcumstances to deli mi t the territorial seas of G uyana and that o ther State in a way which is at variance with s ubsection ( I).
Delimitation of the boundaries of the continental shelf a nd the exclusive economic zone between any State opposite or adjacent to Guyana shall be by agreement between G uyana and that State o n the basis of international law, as referred to in Artic le 38 of the Statute of the International Court of Justice, in order to ach ieve an equitable solution.
Renumbered 34 Subsection ( I ) shall not app ly whe re it is necessary by reason of historic title o r other s pecial circumstances to delimit the territoria l sea of Guyana in a way which is at variance w ith subsection ( I).
Deli mitation of the boundaries of the continental she If and the exclus ive economic zone between Gu yana a nd any State opposite or adj acent to G uyana shall be by agreement on the basis o f in international law, a s Artic le 38 of the Statute of the Inte rnatio na l Court o f Justice, in order to achieve an equitable so lut ion .

re ferred to If no agreement can be reached under sections 35 and 36, G uyana sha ll resort to the procedures provided fo r in Part XV of the Convention.
Every agreeme nt entered into under sectio ns 35 and 36 sha ll, as soon as a fter it is entered into, be pub lished in the Gazelle.

Renumbered 35 If no ag reement can be reached unde r sections 34 and 35, Guyana sha ll resort to the procedures provided fo r in Part XV of the Convention.

Re numbered 36 Every agreement entered into under sections 34 and 35 shall, as soon as a fter it is entered into, be pub lished in the Gazette.
Re numbered 37 PART IX CHARTS AN D GEOGRAPHICAL COORDINATES fhe Minister responsible for Lands and Surveys shall.
in consultation wi th competent authorit ies, prepare charts of an adeq uate scale for ascertaining the posi tions of the following maners- ( l )(a) the baselines o f the territori a l sea; The Minister responsible for lands and surveys shal l, in consultation with com petent authorities, prepare charts of an adequate scale for ascertaining the positions of the following matters- Re numbered 38 Unal te red.

15 (b) (c) (d) (2) (a) (b) Publication of .


:hans and gcograph1cal coordinates 40 Evide nce o f c hans or lists o f geographical coordinates 4 1 ( I ) (2) (3) (4) Reg ulation o f marine scienti fie re'>earch m the maritime 7oncs 42.

( I) the outer limit li nes of the territoria l sea, the Unaltered.

continental shelf and the exclusive economic zone; the lines of delimi tation of the territorial sea.

the Unaltered.

continental shelf and the exclusive econom ic zone; Unaltered.
sea lanes or traffic separation schemes.

A list of geographical coordinates of points Unal tered.

specifying the geodetic datum for the baselines, outer limit lines or lines of delimitation may be substituted for a chart under subsection ( I).

The Minister responsible for Lands and Surveys Renumbered 39 shall - The Minister responsible for lands and urveys shall - the Guyana Lands and Unaltered.
in consultation with Surveys Commission, publish the charts and lists of geographical coordinates prepared; and provide a copy of each chart and geographical coordinates to be deposited with the Secretary-General of the United Nations.
The Mini ster responsible for Lands and Surveys The Minister responsible for lands and may lists of geographical surveys may issue charts or lists of coordinates prepared under section 39 on geographical coordinates prepared under section 38 on payment of the prescribed payment of the prescribed fees.

fees.

Renumbered 40 list of Unaltered.
issue charts or 111 shall the document, but without A document certified by the Minister responsible A document, certified by the Minister responsible for lands and surveys to be a for Lands and Surveys to be a true copy of a list of chart or list of geographical coordinates shall be true copy of a chart or be coordinates, accepted in any proceedings as evidence of any geographical accepted in any proceedings as evidence matter shown prejudice to the right to adduce evidence in of any matter shown in th~ document, reburtal.
but without prej udice to the right to adduce evidence in rebuttal.

In any proceedings In any proceedings in any court a certi tic ate purporting responsible for Lands and Surveys that the chart Minister is for the time being an authorised and accurate chart shall be admissi ble as conclusive evidence of the matter stated in the certi ticate.
in any court a the Minister certificate purporting to be signed by the lands and surveys or any person aut horised by the Minister that the chart is for the time being an authorised and accurate chart shall be admissible as conclusive evidence of the matter stated 111 the certificate.

responsible signed by to be for A person other than the Minister responsible for A person other Land and Surveys who signs the certificate is, in the absence of proof to the contrary.
presumed to be duly authori zed to sign it.

for than the Minister lands and surveys.

responsible referred to in subsection (3), who signs the certificate shall.

in the absence of proof to the contrary, be presumed to be duly authorized to sign it.

PART X MARINE SCIENTIFIC RESEARCH Guyana has sovereign rights.
as prov ided by Guyana as international Jaw and in particular Article 245 of provided by international law and in the Convention particular Article 245 of the Convention regul ate, authorise and conduct to conduct marine marine territorial sea.

the territorial sea.

regulate.

authorize and the research to sc ienti ftc sovereign scienti tic research righ ts.

has in in 16 -.
has in in 16 -.

+ Limits of the maritime cultural area Rights in the maritime cu ltural area 43 44 (2) (3) (4) (5) (I) (2) Underwater cultural heritage 45 ( I ) G uyana, in the exercise of its j uri sdiction, has the right, as provided for by interna tiona l law a nd in to partic ular Article 246 o f the Convention, regula te, a uthorize and conduct ma rine scie ntific research in the exclusive economic zone a nd o n the continental shelf in accordance with the relevant provisions o f the Conventi on.
Without limiting the generali ty o f subsections ( I) and the Environment may make regulations regulati ng the conduct of marine scientific research.

the Minister responsible (2), for T he Mi nister responsible for the environment sha ll ensure that the regulations made unde r subsect ion (3) conform with Articles 245 to 253 of the Convention so far as they relate to any proposed marine scientific researc h; and ensure their work that available to G uyana.
those g iven consent make Any person who comm its any offence created by any regulation made under subsect ion (3) is liable on summary conviction to a fine of three hundred thousand do llars and on conviction on indictment to a tine of fi ve hundred thousand do llars.

PART XI MARITIME CULT URAL AREA Re numbered 4 1 Una ltered .
with limiting regulating to 253 of p roposed marine Without the generality of subsections ( I) and (2), th e M in ister , in consulta tion th e Minister responsible for the environment may make regulations the conduct of marine scienti fic research in co nformity w it h Ar ticles 245 t he Conven t io n so fa r as they rela te to scien t ific a ny resea rc h. A person, entity, fo reig n governm ent or interna tion al o rga nisation ca rrying resea rc h ou t a ny ma rine scie ntific unde r this section shall, in acco rda nce t he with Articles 245 Con vention, ma ke to G uyana preliminary re po rts as soo n as practicable, a nd full r epo rts afte r resea r ch t he co nsisting of a ny resea r ch results, all data, samples a nd specim en d e rived resea r ch o r a ny othe r fr om require me nt as may be prescribed .
to 253 of ava ila ble co mpletion of the the w ho person Any contravenes su bsection (4) co mmits a n offence a nd is liab le on summa ry convictio n to a fine of five million d olla rs a nd in addition t he fo rfeiture of a ny vessel and equipme nt used in t he co mmission o f the offence.

the court m ay orde r The Minister may by order declare an area within Unaltered.

Re numbered 42 the territorial sea and the contiguous zone to be known as the maritime c ul tural area.
G uyana has sovereign jurisdicti on in its maritime cultural area.

rights and exclusive Una ltered.

Re numbered 43 Subj ect to a ny othe r law o r internat ional treaty to which Guyana is a party, G uyana has, in respect of objects of a n archaeological or histo rical nature fou nd in the maritime c ultural area, the same rights and powers as it has in respect of its interna l waters and territorial sea.
The Minister responsible for Culture may make regul at ions to regulate and authorise activities directed at underwater cultural heritage within the terri torial sea and contiguous zone in accordance with Articles 7 and 8 ofrhe UNESCO Convention.

Unaltered.
Unaltered.

The Minister in consultation with t he Mi nister responsible for C ulture may make regu late and authorise regulations activities directed at underwater cultural heritage with in the territorial sea and in accordance with contiguous zone to 17 Articles 7 and 8 of the UNESCO Convention.

Renumbered 44 (5) (44) I The Minister responsible for culture may authorise activities directed at underwater cultural heritage within the territorial sea and contiguous zo ne.

new 44 ( I ) ·.
new 44 ( I ) ·.

or speculation responsible the Minister A person, entity, foreign government international organisation shall o r not engage in any underwater cultural heritage activity within the territorial sea or co ntiguous zone, exce pt under and in accordance with the terms of a licence o r letter of authority granted by for culture or of any written agreement of the Government of Guyana.
New 44 (2) A person, entity, foreign government or international organisation shall no t engage in any commercial exploitation o f underwater cultural heritage for its trade or irretrievable dispersal with in the territorial sea o r contiguous zo ne.
New 44 (3) A person who contravenes subsection (2) or (3) commits an offence and is liable on summary conviction to a fine of five million dollars and in addition the court may order the forfeiture of any vessel and equipment used in the commission of the offence.

New 44(4) The regulations made under subsection (5) shall.

in particular ensure that the Ru les Concerning Activities Directed at the Underwater Cultural Heritage set out the UNESCO to the Annex in Convention are applied.
Renumbered 44 (6) The regulations made under subsection ( I) shal l, in particular ensure that the Rules Concerning Activities Directed at the Underwater Cultural Heritage set out in the Annex to the UNESCO Convention are applied.

The Minister responsible for Culture may by order provide for the protection, management, ownership, preservation.

collection.

custody and for other matters incidental to cultural maritime heritage.

historic wrecks.
historic wrecks.

sites of inte rests and objects of archaeological and historic nature found at sea and its specific cites in the maritime cultural area.

The Min ister responsible for culture may by order provide for the protection.

manageme nt, ownership.

preservation.

col lection.

custody and for other matters incidental to cultural mariti me heritage.
historic wrecks, sites of interests and objects of archaeological and historic nature found at sea and its specific sites in the maritime cultural area.
Renumbered 7 18 (2) (3) PART XII ECO-TOURISM, MARINE PARKS AND RESER VES AND MARICUL T URE Eco-to u r is m, ma rin e rese r ves a nd maric ulture o pe r a tions par ks a nd a ny 45(1) A pe rso n sha ll not est a blish or oper a te eco-to urism, marin e pa rks and reserves, and ma r ic ultu re oper a tions wit hin a ny of t he ma r itim e zones except w ith a pe rmit issued by t he Ministe r res ponsible fo r tra ns po rt a nd harbours.
(2) A pe rson sha ll not ope ra te a ny eco-t ourism, ma rine a nd r ese rves a nd ma riculture operatio ns in s uc h a wa y as t o have a ny significa nt adverse effects on a ny of the ma rine species.

(3) A pe rson who con t ravenes (2) commits a n subsection o ffe nce and liable o n summ a ry co nviction to a fine o f five millio n dolla rs, and in add ition the cou rt may orde r the fo rfeiture of a ny vessel a nd equipme nt used in the commission of th e offe nce.
fo r Transport and T he M in ister may by o rder design ( I ) o r is parks T he Minister responsible Harbours may by order design ate- .

.

any manu me zone or creation or o f of fo r the Unalte red.

the Unalte red .

the Unaltered.

for eco-tourism creation of mariculture any area establishme nt operations; any area of any maritime zone estab lishme nt or creati on of marine park ope rations or temporary marine protected areas; any area of any marit ime zone or any is land Unalte red.
w ith in any mariti me zone for the establishment or creation of marine reserve OJ>erat ions; and for any area of a ny maritime zone establishme nt operations.

The Minister may make estab lishing or creating, regulating the conduct of fo r any of and safeguard ing an y o f the operations re ferred to make in section 45 including regulations with respect operations refe rred to in section 46 .

to identifi cation and mar ki ngs of boundaries of the op erations, boats and gear.
Regu latio ns providing fo r mariculture operations Una ltered.

shall a pply - to a ll mariculture boats o f Guyana, and activities Unaltered.

done with those boats a nd their c rews whereve r they may be; and to all foreign mariculture boats a nd activ ities Unaltered.

done with those boats and their crews, in waters wi th in the mariculture area.
regulations regulations the th e for T he Minister in colla bor a tion with t he r eleva nt min istries a nd agencies may the 19 Designated areas for ceo-tourism, marine parks and reserves and mariculture operations 46 (a) (b) (c) (d) Establishment and regulation of eco- tourism, marine parks and reserves and mari-culture operations 47 ( I) (2) (a) (b) (3) Where a regulation made under this section is not compl ied with in the case of a mariculture boat or its crew, the master.

the owner and the charterer.


if any.

together commit an offence and are liable on summary conviction in the case of a fi rst conviction to a fine of five hundred thousand dollars and second or subsequent the conviction to a fine of one million dollars.

in PART XIII THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Regulations for th.
: prolCCliOil ru1d pn:scrvallon ~1f the marine cnv ironment 48 (a) (i) (ii) (iii) (iv) (v) (vi) (b) (c) (d) (e) ( f) (g) \kas urcs to prc\1:111 man n.: pollution 49 ( I ) (2) The Minister responsible for the environment The Minister in consultation with the may make regulations for the protection and Minister responsible for the environment preservation of the marine environment including may make regulations for the protection the marine regulations fo r - preservation of and environment including regulations for - the prevention.
reduction and control of pollution Unaltered.

of the marine environment - from inc luding land-based estuaries, pipelines and outfall structures; from or in connection with seabed activi ties subject to its j urisdiction ; rivers, Unaltered.

sources.

from artificial islands, installations and structures under its jurisdiction in accordance with Articles 60 and 80 of the Convention: by_ dumping; from or th rough the atmosphere.
applicable to the air space under its sovereignty; and subject in connection with seabed Guyana 's to from or activities jurisdiction; from artificial islands, installations and structures under Guyana' s j urisdiction in accordance with Articles 60 and 80 of the Convention: from dumping; through from or to applicable Guyana 's sovereignty; and fro m vessels nying G uya na 's flag or vesse ls or aircrafts under its registry: atmosphere.
the air space under the in, and safeguardi ng from vessels nying its nag or vessels or aircrafts under its registry; regulating conduct maritime zones; environmental assessment of economic and other Unaltered.

activities in the maritime zones: envi ronmenta l control in the maritime zones; moni toring of the condition of the mariti me zone; monitoring of the condi tion of the the Unal tered.

Unaltered.

maritime zones; protection and preservation of areas used as eco- Unaltered.

tourism areas.
tourism areas.

marine reserves, marine parks, mariculture areas and scientific research areas; and any other matters relating to the protection and Unaltered.

preservat ion of the marine environment.


Notwithstanding anything in th is Act or any other Renumbered ~9 (2) law, the Minister responsible for the environment may by order prescribe any measure necessary to be take n against any vessel or aircraft in any area of the sea or the airspace above the sea, in order to protect the coastline of Guyana or related interests.

including fi shing.
including fi shing.

from pollution or any threat of pollution resulting from a maritime casualty or an act or om ission relating to such casualty and which may reasonably be expected to resu lt in any major harmful consequences.
Any person who contravenes any order made by the Measures to -- protect mar ine 20 Minister under sub-section ( I ) commits an offence environment (amended marginal note) and is liable on summary conviction to a fine of one million dollars and on conviction on indictment to a Any person who engages fine of two million dollars.
in any activity that results in pollution of the marine environment commits an offence and liable on summary conviction to a fine of twenty million dollars and to imprisonment for ten years.

is Maritime safety and security in the maritime zones 50 ( I ) (2) Sovereign rights of self defen ce in the maritime zones 5 1 Power to make subsidiary legislation.

52 (I ) (a) (b) (c) (d) (e) (f) PART XIV GENERAL Renumbered 49 (I) that is Unaltered.
The President may take any action necessary in the internal waters, territorial sea or to preserve and maintain contiguous zone security in accordance with any obligations under international law.

The President may establish safety zones around Unaltered.

the artificial islands, installations and structures in the exclusive economic zone and continental shelf in which appropriate measures may be taken to ensure the safety of navigation, of the artificial islands, installations and structures.
Notwithstanding any other law, the President Unaltered.

may take any action in any area of the sea or in the airspace above the sea, as is necessary to maintain national sovereignty and territorial integrity in the exercise of the principle of self defence contained in Article 51 of the Charter of the United Nations.
The Minister may make regulations for purpose of giving effect to the provisions of this Act, and, in particular but without limiting the general power, may make regulations for - providing the manner of giving prior notification providing the manner of giving prior of intended passage and of the route to be taken notification of intended passage and of by ships carrying radioactive materials through the route to be taken by vessels carrying radioactive materials the the internal waters or territorial sea; internal waters or territorial sea; the Unaltered.
through the permitting the exercise of controls necessary to Unaltered.

prevent or punish infringement of the customs, fiscal, imm igration or sanitary laws within Guyana, its internal waters and territorial sea; establishing the outer limits of the continenta l Unaltered.
shelf and exclusive economic zone; fees in relation to licences and letters of authority fees in relation to licences and letters of referred to in sections 23( I) and 30( I) or for any authority referred to in sections 22( I) other purposes; and 29( I) or for any other purposes; Numbering changed.

regulating the conduct of any person in the Unaltered.
maritime zones; regulating conservation and management of the resources of the continental shelf and the exclusive economic zone; the exploration and exploitation, Unaltered.

21 (g) (h) ( i) (j) (k) (2) the and cultural protecting heritage within regulating afeguarding any of the construction, maintenance and Unaltered.

regu lating operation of artificial islands, off-shore terminals.
installations and other structures and devices of the continental shelf and the exclusive economic zone; regulating and authorising activities directed at Unaltered underwater contiguous zone: the Unaltered establishing or creating and conduct of.

and the operations referred to in section 47, including regulations wit h respect to the identification and markings of the boundaries of the operations.
boats and gear: the marine preserving and protecting the marine preserv ing envi ronment and prevention and control of environment and prevention and control marine po llution including any of the related of marine poll ution including any of the related matters referred to in section 49 matters referred to in section 48: (2); the Unaltered.

authorising, conduct of scientific research.


A person who commits an offence created any The powers under subsection {I) a re subsidiary legislation made under this Act for in addition to those conferred on the to ma ke othe r subsidiary which no other penalty is prescribed is liable on Minister legislation under the other prov isions summary conviction to a fine of ten thousand dollars and imprisonment for six months.

of this Act.
of this Act.

subsidia ry (3) legislation wit h res pect to provisions under this Act, the Minister vested with the a uthority to do so may prescri be offences a nd penalties that may be imposed in respect of those offe nces that are necessary for giving full effect to those provisions under this Act.

regulating and contro lling In making any Orda to extend law Po,, o.:r to amo.

:nd an) Ia" to gi ~ e dTect to the act 53 54 t\mcndments.
transitional and sa~mgs 55 ( I) (2) The President may by order extend, with Unaltered.

exceptions and modifications as may be specified in the order.
the application of any law in force in Guyana or any part of the law to the continental shelf and the exclusive economic zo ne (including any area dec lared to be a designated area) and make provisions as the President may consider necessary for facilitating the enforcement of the law and the law, so extended, shall have effect in relation to the continental shelf and the exclusive economic zone as if those maritime zones to which it had been extended are parts of the territory of Guyana.
If any difficulty arises in giving effect to this Act.

Deleted.

the Minister may.

by order within three years from the commencement of th is Act, amend any law that appears to the Minister to be necessary or expedient for removing the difficulty.

The laws referred to in the first column of the Unaltered.

Renumbered 54 Schedule are amended to the extent set out in the second column of the Schedul e. Any reference to the internal waters.

contiguous Unaltered.

zo ne.


territorial sea, exclusive economic zone and continental shelf in any law shall.

in relation to any period afte r the commencement of th is Act, 22 in any be construed as reference to those waters and zones referred to in this Act.

Any reference to the fishery or fishing zone in Unaltered.
this Act or in any other law in relation to conservation, management or exploitation of living marine resources shall be construed as reference to the exclusive economic zone referred to in this Act.

Any reference to fishery or fishing zone in any Unaltered.

other law in relation to fiscal matters or matters concerning customs, em igration, immigration or sanitation shall be construed as reference to the contiguous zone referred to in this Act.

With effect from the commencement of this Act, Unaltered.
any reference to any provision of the Maritime Boundaries Act 1977 law shall be construed with such modi tications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Act.

in Unaltered.
in Unaltered.

Until other baselines are determined the this Act, the baselines, accordance with territorial sea, the continental shelf and the exclusive economic zone shall, for the purposes of this Act, be taken to be those that existed the Maritime Boundaries Act 1977 under immediately before the commencement of this Act.
Notwithstanding section 56, any agreement or Notwithstanding any 55 subsidiary legislation made for the purposes of agreement or legislation the Maritime Boundaries Act 1977 and in force made for the purposes of the Maritime immediately before the commencement of this Boundaries Act 1977 and m force Act shall continue in force as if made under this immediately before the commencement Act to the extent the agreement or subsidiary of this Act shall continue in force as if legislation are not inconsistent with this Act, and made under this Act to the extent the agreement or subsidiary legislation are may be repealed or replaced in accordance with not inconsistent with this Act, and may this Act.
be repealed or replaced in accordance with th is Act.

Unaltered.

Renumbered 55 The Maritime Boundaries Act 1977 is repealed.

section subsidiary (3) (4) (5) (6) (7) No 10 of 1977 No.

10 of 1977 Repeal No.

10 of 1977 56 l 23