Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977

1: Short Title and commencement
1: This Act may be cited as the Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977, and shall be read together with and deemed part of the Tokelau Act 1948
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: For the purposes of subsection (2), 1 or more Orders in Council may be made—
a: bringing different provisions of this Act into force on different dates; and
b: bringing provisions of this Act into force on different dates in respect of specified parts of Tokelau.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 April 1980 Tokelau (Territorial Sea and Exclusive Economic Zone) Act Commencement Order 1980 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— court section 3 exclusive economic zone zone section 7 fish fishing
a: taking any fish; or
b: engaging in any activity relating to the taking of any fish, including (inter alia) any activity involving the preparation, supply, storage, refrigeration, transportation, or processing of any fish; or
c: engaging in any activity relating to the provision of any services to any fishing craft to enable or assist that craft to engage in fishing fishing craft foreign fishing craft foreshore master median line nautical mile owner take
a: to take, catch, kill, attract, or pursue by any means or device; and
b: to attempt to do any act specified in paragraph (a) territorial sea section 3 Tokelauan fishing craft 1976 No 140 s 2 Section 2 court substituted 1 August 1986 section 12 Tokelau Amendment Act 1986 The territorial sea of Tokelau
3: The territorial sea
The territorial sea of Tokelau comprises those areas of the sea having, as their inner limits, the baseline described in section 5 1976 No 140 ss 4, 7
4: Internal waters
The internal waters of Tokelau include any areas of the sea that are on the landward side of the baseline of the territorial sea. 1976 No 140 s 3
5: Baseline of territorial sea
The baseline from which the breadth of the territorial sea is measured shall be the low-water line along the seaward edge of the reef, except that where there is a break or passage through or over the reef, the baseline shall be a straight line joining the entrance points of that break or passage. 1976 No 140 s 5
6: Prohibition of foreign fishing in territorial sea
1: No foreign fishing craft shall be used for fishing within the territorial sea.
2: If a foreign fishing craft is used in contravention of subsection (1), the owner, the master, and every crew member of the craft commit an offence and are each liable on conviction to a fine not exceeding $250,000.
3: The court, on the conviction of any person of an offence under this section, may order in addition to any penalty that it may impose—
a: the immediate forfeiture to the Crown of the foreign fishing craft in respect of which the offence was committed, and of any equipment on board or used by the craft, and of any fish on board the craft; or
b: the detention for a specified period of the foreign fishing craft and of any such equipment and fish, and the forfeiture to the Crown of the craft, equipment, and fish if any fine or fines imposed in respect of the offence are not paid within that specified period. 1976 No 140 s 8(1), (2), (3), (4) Section 6(2) replaced 26 March 2015 section 4 Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 2015 The exclusive economic zone of Tokelau
7: The exclusive economic zone
1: The exclusive economic zone of Tokelau comprises those areas of the sea, seabed, and subsoil that are beyond and adjacent to the territorial sea, having as their outer limits a line measured seaward from the baseline described in section 5
2: Notwithstanding subsection (1), where—
a: any part of the median line between Tokelau and any country is less than 200 nautical miles from the nearest part of the baseline of the territorial sea of Tokelau; and
b: no other outer limit of the exclusive economic zone is for the time being determined by an Order in Council made under subsection (3)— that part of the median line shall be an outer limit of the zone.
3: For the purposes of implementing any international agreement, or the arbitral award of any international body, or the judgment of any international court, or for any other purpose in accordance with international law, the Governor-General may from time to time, by Order in Council, declare that the exclusive economic zone shall not extend to any specified area of the sea, seabed, or subsoil, that would otherwise be included within the zone by virtue of this section.
4: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Control of foreign fishing in zone
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the determination of the total allowable catch for any species of fish (other than marine mammals) within the exclusive economic zone, the determination of the portion that Tokelauan fishing craft have the capacity to harvest, and the apportionment of any surplus otherwise than among Tokelauan craft:
b: prohibiting fishing within the zone by foreign fishing craft that are not licensed pursuant to regulations made under this section:
c: appointing or establishing a licensing authority for the purposes of regulations made under this section:
d: providing for the licensing of foreign fishing craft for the purposes of fishing in the zone:
e: providing separate licensing procedures for marine mammals:
f: prescribing conditions that shall be deemed to be implied in licences, and empowering the licensing authority to impose any other conditions in granting licences:
g: prescribing the fees payable to the Administrator of Tokelau for the issue of licences, and for their renewal:
h: providing for the suspension or cancellation of a licence—
i: where the licensing authority is satisfied that the foreign fishing craft in respect of which the licence has been granted has been used for fishing within the zone in contravention of any condition of the licence or of any law relating to fishing within the zone:
ii: where the licensee or master or any crew member of the foreign fishing craft in respect of which the licence has been granted has been convicted of any offence against this Act, or against any regulations made under this section, or against any other law relating to fishing within the zone:
i: providing for the suspension or cancellation of any licence or licences, or class or classes of licence, where the licensing authority, with the concurrence of the Minister of Foreign Affairs and Trade
j: providing for such other measures as are necessary or expedient to ensure that foreign fishing craft are used for fishing within the zone only in accordance with the terms and conditions of their licences:
k: providing that a breach of any regulation made under this section is an offence and imposing fines as penalties for any such offences, not exceeding,—
i: in the case of the owner or master or any other crew member of an unlicensed foreign fishing craft, $500,000; and
ii: in the case of the licensee or master or any other crew member of a licensed foreign fishing craft, $250,000:
l: providing that—
i: on the conviction of any licensee, owner, or master of a foreign fishing craft for any offence against this Act, or against any regulations made under this section, or against any other law relating to fishing within the zone, the court may, in addition to any penalty that it may impose, exercise in respect of the craft or any equipment on board or used by the craft any of the powers specified in section 6(3)
ii: on the conviction of any licensee, owner, master, or other crew member of a foreign fishing craft for any offence referred to in subparagraph (i), the court may, in addition to any penalty that it may impose, exercise in respect of any fish on board the craft any of the powers specified in section 6(3)
m: providing for the release of a foreign fishing craft, and any equipment on board or used by the craft, and any fish on board the craft, pending the determination of any proceedings which may result in the forfeiture of the craft or such equipment or fish, on the provision of adequate security for its surrender to the Crown in the event that it is ordered to be forfeited:
n: providing that a breach of any regulation made under this section may be dealt with by way of a civil penalty, not exceeding one-third of the applicable maximum monetary penalty specified in paragraph (k).
2: No exercise by the licensing authority of any power conferred on him or it pursuant to any regulation made under subsection (1)﻿(i), or concurrence by the Minister of Foreign Affairs and Trade
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1)﻿(i) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 8(1)﻿(k) replaced 26 March 2015 section 5 Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 2015 Section 8(1)﻿(n) added 1 May 2001 section 2 Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 1999 Section 8(2) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 8(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Offences in zone deemed to have been committed in Tokelau
Any offence against this Act, or against any regulations made under this Act, that is committed within the exclusive economic zone shall be deemed to have been committed in Tokelau. General provisions
10: Foreshore, bed, and subsoil vested in Crown
The foreshore of Tokelau, and the seabed and subsoil of the submarine areas of its internal waters, territorial sea, and exclusive economic zone, shall be deemed to be and always to have been vested in the Crown. 1976 No 140 s 6
11: General regulations
1: Where no other provision is for the time being made by any other enactment for any such purposes, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: regulating the conduct of scientific research within the territorial sea and the exclusive economic zone:
b: prescribing measures for the protection and preservation of the marine environment of the territorial sea and the zone:
c: regulating the construction, operation, and use of artificial islands (whether permanent or temporary), and other installations and structures within the territorial sea or the exclusive economic zone, including the establishment of safety zones around such islands, installations, and structures:
d: regulating the exploration and exploitation of the territorial sea and the exclusive economic zone for the production of energy from the water, currents, and winds, and for any other economic purposes:
e: providing for the designation or appointment of authorised officers for the purposes of this Act:
f: providing for the conservation and management of fisheries resources within the territorial sea and the zone:
g: providing for such other matters as are necessary or expedient for giving full effect to sovereignty in respect of Tokelau in relation to the territorial sea, and to the sovereign rights of Tokelau in relation to the zone:
h: providing that a breach of any regulations made under this section shall be a criminal offence, and imposing penalties by way of fine not exceeding $250,000
i: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration:
j: regulating the use of Tokelauan fishing craft to take fish outside the exclusive economic zone of Tokelau.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(1)﻿(h) amended 26 March 2015 section 6 Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 2015 Section 11(1)﻿(j) added 1 May 2001 section 3 Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 1999 Section 11(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: General provisions as to enforcement
1: Any constable or authorised officer may at any time (with or without a warrant) stop, board, inspect, and search any foreign fishing craft within the internal waters, territorial sea, or exclusive economic zone of Tokelau, and any equipment on board or used by the craft, and any fish on board the craft.
2: Where any constable or authorised officer has reasonable cause to believe that any offence against this Act, or against any regulations made under this Act, or against any other law relating to fishing within the internal waters, territorial sea, or exclusive economic zone of Tokelau, has been committed in respect of any foreign fishing craft, he may (with or without a warrant)—
a: seize and detain all fish on board the craft; and
b: apprehend and detain any person whom he has reasonable cause to believe has committed any such offence; and
c: if he has reasonable cause to believe that any such offence has been committed by the licensee, owner, or master of the craft, seize and detain the craft, and any equipment on board or used by the craft— to be dealt with in accordance with law.
3: Any constable or authorised officer may exercise the powers conferred on him by subsections (1) and (2) with the aid of such assistants as he considers to be necessary for the purpose.
4: Where any foreign fishing craft, equipment, or fish is ordered to be forfeited to the Crown pursuant to this Act or to any regulations made under this Act, that craft, equipment, or fish shall be deemed to be forfeited accordingly, and shall be disposed of in such manner as the Administrator of Tokelau thinks fit. 1976 No 140 s 8(5)
13: Onus of proof in respect of offences
In any criminal proceedings under this Act, where a defendant is charged with having committed an offence against any provision in regulations made under this Act under which a licence is required for the doing of any act, the onus shall be on the defendant to prove that, at the time to which the charge relates, the requisite licence was duly held.
14: Repeal
The Tokelau (Territorial Sea and Fishing Zone) Act 1976 1976 No 140 s 9