১১। উক্ত Act এর section 7 এর পর নিম্নরূপ নূতন section 7A, 7B, 7C, 7D, 7E, 7F, 7G এবং 7H সন্নিবেশিত হইবে, যথা:-
“7A. Rights and jurisdiction in the Continental Shelf.-Bangladesh shall have the following sovereign rights and jurisdiction in the Continental Shelf, namely:-
(a) exploration and exploitation of its natural resources;
(b) authorization and regulation of the construction, operation, maintenance and use of artificial islands, off-shore terminals, installations and other structures and devices including Designated Areas and Safety Zones, necessary for the exploration and exploitation of the resources of the Continental Shelf or for the convenience of shipping or for any other economic purposes;
(c) authorization and regulation of drilling for any purposes;
(d) authorization, regulation and control of marine scientific research;
(e) preservation and protection of marine environment;
(f) prevention and control of marine pollution; and
(g) enforcement of customs, fiscal, sanitary and immigration laws with regard to construction of artificial islands, installations and structures.
Explanation.- For the purpose of clause (a), “natural resources” mean mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil.
7B. Prohibition on the exploration or exploitation in the Continental Shelf.- No person including a foreign government or an international organization, may explore or exploit any natural resources whether living or non-living or carry out any search or excavation, or conduct any research in the Continental Shelf:
Provided that anyone, in accordance with the terms of a licence or letter of authority granted by the Government can drill or construct, maintain or operate any artificial island, off shore terminal, installation or other structure or device for any purpose in the Continental Shelf.
7C. Provisions as to the High Seas.- (1) Bangladesh shall, subject to the other provisions of this Act and to the international laws, enjoy the following rights on the High Seas in water columns beyond 200 NM of the Exclusive Economic Zone, namely:-
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines;
(d) freedom to construct artificial islands and other installations permitted under international laws;
(e) freedom of fishing; and
(f) freedom of marine scientific research.
(2) Bangladesh shall have the right to sail ships flying its flag on the High Seas.
(3) The Government shall, by notification in the official Gazette, determine the conditions for the grant of its nationality to ships, for the registration of ships in its territory and the rights to fly the flag.
(4) Ships shall fly their State’s flags on the condition that they have to have genuine link with that State.
(5) Unless otherwise provided in the international treaties or Convention, ships flying Bangladeshi flag shall be subject to the exclusive jurisdiction of Bangladesh on the High Seas.
(6) Nothing in this section shall prejudice the rights of navigation of the ships employed on the official service of the United Nations or its specialized organizations or International Atomic Energy Agency (IAEA) or ships flying flags of such organizations.
(7) The Government shall maintain a register for name and other details of its ships and effectively exercise its jurisdiction and control in administrative, technical and social matters over each ship and its master as flag State.
(8) Warships and military aircrafts of Bangladesh shall enjoy complete immunity in the High Seas from the jurisdiction of any other foreign State.
(9) If any vessel collides with another vessel on the High Seas or suffers accident or punitive and disciplinary measures need to be taken against the master or any other person on board the ship for such incidents, no other authority except the juridical or administrative authority of the flag state or the states of such nationals shall take any punitive or disciplinary measures.
(10) Any Bangladeshi vessel, without jeopardizing lives of its passengers, sailors or endangering the vessel itself, may take steps to assist, rescue and arrange other due measures for the shipwrecked sailors, sinking ships or any other person who is in precarious condition in the High Seas.
(11) The Government may, either on bilateral or on multilateral agreements, adopt and enforce laws and take other necessary measures, in accordance with national and international laws to formulate cooperative mechanism for preservation and protection of fish and marine mammal stocks in the High Seas and in the EEZ, and may make rules in this regard.
7D. Area and its resources.(1) The Area in the Bay of Bengal shall be determined in accordance with the consideration and recommendations by the United Nations Commission on the Limits of the Continental Shelf (CLCS), and the Government may, by notification in the official Gazette, specify its limit.
(2) The Area and its resources shall be considered as the common heritage of mankind.
(3) The substances or goods found in the Area of archaeological and historical nature shall be preserved or distributed for the welfare of mankind:
Provided that if Bangladesh is the cultural, historical, and archaeological origin of such substances or goods, priority of Bangladesh shall be considered.
(4) The Government may make rules with regard to activities in the Area, exploration and methods of exploitation and participation of Bangladesh in the International Seabed Authority (ISA).
Explanation.- For the purpose of this section,-
(a) “Area” means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.
(b) “Resources of the Area” means all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed, including but not limited to-
(i) polymetallic nodules; defined as may deposit or accretion of nodule on or below the surface of the deep sea level which contains metals such as manganese, nickel, cobalt and copper;
(ii) polymetallic sulphides, defined as hydrothermally formed deposits of sulphides and accompanying mineral resources in the sea which contains concentration of metals such as copper, lead, zinc, gold, silver etc.;
(iii) cobalt crusts, defined as cobalt rich ferromanganese hydroxide or oxide deposits or from direct precipitation of minerals from sea water onto substrates and containing concentrations of metal such as cobalt, lithium nickel, platinum, molybdenum, deuterium, cerium and other metallic and rare earth elements; and resources, when recovered from the Area; and
(iv) any other mineral resources including gas-hydrates.
7E. Ocean Governance.- (1) The Government may, in order to keep the ocean healthy, productive, safe, secure and resilient, take decisions and materialize these for sustainable use of resources and capacity building, developing human capital with ocean related experience, expertise, knowledge and skills, strategic directions to the stakeholders and conforming to the traditional procedural management and the process involved.
(2) The Government shall take necessary measures to, subject to the international laws, check the details of mariners and staffs on board the ships coming from different States in its port areas.
(3) Any foreign ship, having sanctioned and embargoed by the United Nations Security Council (UNSC), shall not enter into any port or the Maritime Zones or anchor in any port area of Bangladesh.
(4) The shipwrecked sailors drifting across the maritime coastline of Bangladesh or rescued by any ship of Bangladesh shall be provided with the due facilities by the Government, and the country of its domicile shall be informed of it and measures shall be taken for safe repatriation.
(5) The Government may make rules relating to management and preservation of Maritime Zones including biodiversity of areas beyond national jurisdiction, Marine Genetic Resources, Marine Protected Areas and Particularly Sensitive Sea Areas.
7F. Blue Economy.- (1) For the purpose of this Act, the Government may make policies, work-plan and implement economic activities that directly or indirectly take place in Maritime Zones, exploration and exploitation of ocean resources in a sustainable manner and use of oceanic products.
(2) The Government may, with a view to increasing the economic benefits from the blue economy, take appropriate measures for sustainable use of marine resources or minerals, including through sustainable management of fisheries, mariculture, marine tourism, marine biotechnologies, marine transportation, development of ports and harbours, ship building and recycling, renewable energy, etc.
7G. Maritime cooperation.- For the purpose of maritime cooperation with other countries, the Government may-
(a) allow movement of persons, goods, commodities and vehicles using ports in Bangladesh or transit under the agreements with other States including landlocked countries;
(b) take necessary measures to formulate cooperative mechanism for promotion of safety of navigation, weather, cyclone and Tsunami etc. forecasting, protection of the marine environment;
(c) take necessary measures to formulate cooperative mechanism with other countries with regard to customs, fiscal, immigration or sanitary control, development of marine bio-technology and others including removal of cultural or historical objects, like the remnants of shipwrecks etc. in the Maritime Zones.
7H. Marine scientific research.- (1) The Government shall have, subject to international laws and in particular the Convention, right to regulate, authorize and conduct marine scientific research, hydrographic survey and military survey in Territorial Sea, EEZ and Continental Shelf.
(2) Marine scientific research, hydrographic survey and military survey shall not be conducted in any Maritime Zones of Bangladesh without the express consent of the Government.
(3) The Government may make rules for the purpose of the marine scientific research, hydrographic survey and military survey.
Explanation.- For the purpose of this section,-
(a) “Marine scientific research” includes activities in the EEZ and Continental Shelf related to hydrography or oil survey, ocean state estimation, weather, cyclone and Tsunami etc. forecasting, exploration and exploitation of natural resources and underwater cultural heritage, physical oceanography, marine chemistry, marine biology, scientific ocean drillings and geological and geophysical research as well as other activities in the High Seas with a scientific purpose;
(b) “Hydrographic survey” includes activities undertaken for the making of navigation charts and for the safety of navigation including determination of the depth of water, the configuration and nature of the sea floor, the direction and force of the currents,
tides and times of tides and water level and hazards for navigation; and
(c) “Military survey” includes activities undertaken in the EEZ, High Seas and Continental Shelf involving marine data collection for military purposes.”।