Reviewing the New Territorial Waters and Maritime Zones Act

The new Act seeks to amend the Territorial Waters and Maritime Zones Act 1974. The provisions of the 1974 Act were not coherent with the United Nations Convention on the Law of the Sea (UNCLOS) and were proposed to be amended since the UNCLOS 1982 entered into force later. The new amended Act of 2021 has a completely new overhaul regarding maritime zone and has brought several changes to the provisions of the previous law of 1974.  The Act has inserted several new definitions in section 2 such as Artificial Island, Continental Margin, Dumping of wastes, Martine Pollutions Installations, Internal Waters, Maritime Zones, Maritime Tribunal, Blue Economy, Seabed, Nautical Miles, Waste, and Warship. The newly added provisions address the sovereignty of Bangladesh over Internal Waters regarding water column, the seabed and its subsoil, and the air space, the extraterritorial application of Act which means Bangladesh has jurisdiction of trial against any person or vessel for any offense even if the offense committed outside of the Maritime Zones. Additionally, new 3A, 3B and 3C have elucidated the Rights of Innocent Passage in the Territorial Sea, criminal and civil jurisdiction over a foreign ship in the Territorial Sea, and the explanation of Remotely Operated Underwater Vehicle (ROV), Autonomous Underwater Vehicle (AUV) and Unmanned Underwater Vehicle (UUV). The new Act referred the jurisdiction and sovereign power of the Bangladesh government over the Contiguous Zone, EEZ and the prohibition on the exploration or exploitation in the EEZ. Under section 5, the government has power over the EEZ concerning exploration, exploitation, conservation and management of the natural resources and exclusive rights and jurisdiction for construction, maintenance or operation of an artificial island, off-shore terminal, installations and other structures and control of marine scientific research, to preserve and protect the marine environment and to prevent and control marine pollution. Additionally, section 5A bars any person to conduct any kind of exploration of the marine biodiversity without authorisation from the government.

 

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