The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

What the Act governs

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 establishes India’s authority over its territorial waters, contiguous zone, continental shelf and exclusive economic zone. The limits are measured from the appropriate baseline with reference to mainland India and islands forming part of India.

The remaining provisions came into force at once. The source records that the provisions concerning the contiguous zone and exclusive economic zone came into force on 15 January 1977 through notification No. G.S.R. 16(E), dated 15 January 1977.

Maritime limits and national authority

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 provides that:

• India’s sovereignty extends to its territorial waters, the seabed and subsoil beneath them, and the airspace above them.
• Territorial waters extend to twelve nautical miles from the nearest point of the appropriate baseline.
• The contiguous zone extends to twenty-four nautical miles from the nearest point of that baseline.
• The continental shelf extends through the natural prolongation of India’s land territory to the outer edge of the continental margin, or to two hundred nautical miles where that margin does not reach that distance.
• The exclusive economic zone extends to two hundred nautical miles from the baseline.
• Changes to specified maritime limits require a Central Government notification and approval resolutions from both Houses of Parliament.

Activities requiring Central Government authority

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 gives the Union sovereign or exclusive rights over offshore resources, artificial islands, offshore terminals, installations, scientific research and marine environmental protection.

A Central Government agreement, licence or letter of authority may be required to explore or exploit resources, conduct research, drill, excavate, or construct and operate offshore structures. The restriction for the exclusive economic zone does not apply to fishing by an Indian citizen.

Foreign States may lay or maintain submarine cables and pipelines on the continental shelf, subject to measures protecting India’s interests. Central Government consent is required for deciding their course.

Who may be affected

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 may affect shipping operators, foreign vessels, offshore energy and resource businesses, researchers, fishing interests, cable and pipeline operators, and developers of offshore structures. Foreign ships generally have innocent passage through territorial waters, while foreign warships, submarines and underwater vehicles must give prior notice, and submarines and underwater vehicles must travel on the surface and show their flag.