New law regulates maritime
management for Antilles
WILLEMSTAD--Parliament approved a federal law last week for maritime management in the waters around the Antilles.
This law regulates shipping and protection of the environment and cultural heritage, and forces fast vessels to manoeuvre carefully within 20 meters of the coast. The federal ordinance on maritime management, which took experts 13 years to draft, regulates that 12 international treaties will be applicable in the Netherlands Antilles. This creates clarity for investors, ship owners and the shipping industry.
Also the legislation ensures better protection for underwater flora and fauna and the maritime cultural heritage, and makes a contribution to tourism, Minister of Transport and Telecommunication Omayra Leeflang states. According to her, the law will not affect the interests of small fishermen.
At present many maritime management rules are lacking. The new law provides clarity in this situation and gives government the authority to intervene.
It can establish a temporary security area within which no or restricted shipping is permitted and captains of large vessels are legally compelled to give information about their vessel, the cargo and their end destination. Also they cannot moor or anchor in Netherlands Antilles territorial waters without authorisation.
Furthermore, no ship is allowed to let any substance escape if this causes disturbance or danger. Loading and unloading of dangerous substances can only take place with a permit. Dumping, burning or underwater storage of detritus or toxic substances is prohibited.
New construction and land extraction without a permit is also prohibited.
The government hopes in addition, by including in the law rules and regulations about the behaviour of speedboats and water-scooters in shallow waters and close to the coastline, to comply with the community’s need to set rules for sailing. It is the intention to prevent accidents.
According to the new law, Government authorisation is also needed for conducting scientific investigation in territorial waters. Radio and television retransmissions from ships navigating under the Antillean flag on the open sea are prohibited, unless authorisation is granted.
Concerning security, ships, port facilities, transhipment facilities for oil, shipping companies and offshore-installations are compelled to have emergency plans in place.
The government must draw up a plan for the economic zone of the Netherlands Antilles and territorial waters.
In the field of cultural heritage, a reporting centre will be established that will keep a list of all maritime archaeological finds. Everyone who finds something that falls under cultural heritage has to report this to the reporting centre.
It is legally prohibited to remove maritime heritage from the bottom of the sea without dispensation from the Executive Council. Furthermore, a minister who wants take a decision concerning maritime management will be compelled to ask the Archaeological Heritage Reporting Centre for advice, but isn’t compelled to follow the advice.
The new law also gives to the government resources to enforce rules and impose sanctions. Ships can be confined and construction work can be stopped.
Fines can run up to maximum of NAf. 1 million. If a ship registered in the Netherlands Antilles breaks the law, even prison sentences up to four years are possible.
However, the law doesn’t take the constitutional change process into consideration. But, according to Leeflang, with small legal adjustments the law will also be applicable after the dismantling of the Netherlands Antilles.
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