Section 9: Continental shelf

9. Continental shelf.—(l) The continental shelf of Pakistan, hereinafter referred to as the continental shelf, comprises the seabed and subsoil of the submarine areas that extend beyond the limit of the territorial sea of Pakistan throughout the natural prolongation of the land territory of Pakistan to the outer limit line comprising fixed points measured three hundred and fifty nautical miles from the baseline, declared under sub-section (3) of section 3, as notified by the Federal Government in the official Gazette. (2) Pakistan has full and exclusive sovereign rights in respect of its continental shelf including,— (a) exclusive sovereign rights for the purposes of exploration, development, exploitation, conservation and management of all natural resources consisting of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species; (b) exclusive rights and jurisdiction to authorize, regulate, conduct and control scientific research; (c) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf, for the convenience of shipping or for any other purpose; and (d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution. Explanation.—For the purpose of this sub-section, the expression “living organisms” shall mean those organisms which at the harvestable stage, are either immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. (3) No person or company, including a foreign government, shall except under and in accordance with the terms of any agreement with the Federal Government or a licence or letter of authority issued by the Federal Government or any authority or any person duly authorized in this behalf by the Federal Government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate therein for any of the purposes whatsoever any artificial island, off- shore terminal, installation or other structures or devices. (4) The Federal Government may by notification in the official Gazette,— (a) declare any area of the continental shelf to be a designated area; and (b) make such provisions as it may deem necessary with respect to all or any of the following matters, namely; (i) the exploration, development, exploitation and protection of the resources of the continental shelf within such designated area; (ii) the safety and protection of artificial islands, off-shore terminals, installations and other structure and devices in such designated area; (iii) the protection of marine environment of such designated area; (iv) customs and other fiscal matters in relation to such designated area; and (v) the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interest of Pakistan. (5) The Federal Government may, by notification in the official Gazette,— (a) extend to the whole or any part of the continental shelf any relevant law for the time being in force in Pakistan, or any provision thereof; and (b) make such provisions as it may consider necessary for facilitating the enforcement of such laws in the continental shelf or, as the case may be, the part thereof to which it has been extended. (6) Subject to any measures that may be necessary for protecting the interests of Pakistan, the Federal Government may not impede the laying or maintenance of submarine cables or pipelines or such other material on the seabed of the continental shelf by foreign states: Provided that the consent of the Federal Government shall be necessary for the delineation of the course for the laying of such cables or pipelines or such other material.

Effective date: 2023-04-26

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