joint submission to the commission on the limits of the ... · natural prolongation of the...
TRANSCRIPT
Disclamer
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• OCEAN ECONMOMY
•MARITIME ZONES DELIMITATION EXTENDED: JMA
•OCEAN OBSERVATORY
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Continental shelf area
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Mascarene Plateau Region
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TO SHOW THAT THE MASCARENE PLATEAU IS THE
NATURAL PROLONGATION OF THE LANDMASSES OF
THE TWO STATES
Scientific Evidence
TO SHOW THAT THE PLATEAU CAN BE CLASSIFIED
AS A SUBMARINE ELEVATION AS PER THE
SCIENTIFIC AND TECHNICAL GUIDELINES OF THE
CLCS
TEST OF APPURTANENCE
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Continental shelf area
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Mascarene Plateau Region
Ocean Economy Roadmap
1. Seabed exploration for hydrocarbon and minerals 2. Fishing, seafood processing and aquaculture 3. Deep ocean water applications 4. Marine services 5. Seaport-related activities 6. Marine renewable energies 7. Marine Biotechnology 8. Ocean knowledge cluster
Regional Initiatives
Joint Management Framework
Treaties
Legal & Regulatory Framework
Managememt Authority
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Two Treaties
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Treaty Concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region
Article 1: Joint Exercise of Sovereign Rights over the Continental Shelf Article 2: Delineation of the Joint Zone Article 3: Treaty without Prejudice Article 4: Entry into Force
TREATY 1 Signed 13 March 2012
Treaty Concerning the Joint Management of the Continental Shelf in the Mascarene Plateau Region
TREATY 2
PART 1: PRELIMINARY Article 1: Definitions Article 2: Treaty without Prejudice PART 2: THE JOINT MANAGEMENT AREA Article 3: Joint Management Area PART 3: INSTITUTIONAL AND REGULATORY ARRANGEMENTS Article 4: Regulatory Bodies A three-tiered joint administrative structure
Ministerial Council: Joint Commission: Designated Authority:
Article 5: Sharing of Revenue Article 6: Taxation Code Article 7: Application of Domestic Law Article 8: Natural Resource Codes PART 4: PIPELINES AND UNITISATION Article 9: Pipelines Article 10: Unitisation Article 11: Surveys Article 12: Protection of the Seabed Marine Environment Article 13: Biological Surveys and Bioprospecting
PART 6: EMPLOYMENT, HEALTH AND SAFETY AND APPLICATION OF DOMESTIC LAWS Article 14: Employment Article 15: Health and Safety for Workers Article 16: Criminal Jurisdiction Article 17: Customs, Migration and Quarantine Article 18: Safety, Operating Standards and Crewing of Resource Industry Vessels PART 7: SURVEILLANCE, SECURITY AND RESCUE Article 19: Surveillance and Security Measures Article 20: Search and Rescue PART 8: SETTLEMENT OF DISPUTES, DURATION AND ENTRY INTO FORCE Article 21: Settlement of Disputes Article 22: Amendment Article 23: Duration of the Treaty Article 24: Entry into Force
Signed 13 March 2012
Treaty Concerning the Concerning the Joint Management of the Continental
Shelf in the Mascarene Plateau Region
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Ministerial Council – Ministers of Foreign Affairs
Joint Commission
– Mauritius, Sec to Cabinet, (MoFA)Amb J Koonjul, Ocean Affairs (R Badal), Solicitor General (D Dabee)
- Seychelles, Adviser to Minister of Lands, Min of Foreign Affairs, Legal Expert, Petro-Seychelles
Designated Authority – Ocean Affairs & PetroSeychelles
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Legal & Regulatory framework
1.Model Petroleum Agreement for
JMA
4. Fiscal & Taxation Code for JMA
2. Environmental Code of Practice
for JMA
5. Joint Ministerial Declaration on
Sustainable development
3.Safety Code for JMA 6. Seabed Mapping of the JMA
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MODEL PETROLEUM AGREEMENT
1. Definitions
2. General Grant
3. Rights of the Company
4. Term of Agreement
5. Relinquishment
6. Consultation on Area to be Relinquished
7. Work Programme and Annual Plan
8. Work Practices
9. Discovery of Petroleum
10. Determination of Petroleum Field
11. Development Plan
12. Technical Advisory Committee
13. Annual Rentals
14. Petroleum Royalty
15. Petroleum Income Tax
16. Petroleum Additional Profits Tax
17. Valuation of JMA Crude Oil
18. Exemption from Import Taxes
19. Foreign Exchange
20. Employment, Training and Local Purchases
21. Accounts and Audit
22. Assets and Insurance
23. Protection of the Environment
24. Fishing and Navigation
25. Health and Safety
26. Natural Gas
27. Unit Development
28. Measurement of Petroleum and Inspections
29. Rights of Access
30. Installations
31. Drilling of Wells
32. Abandonment and Decommissioning
33. Provision of Storage Tanks
34. Company to Keep Samples
35. Company to Keep and Give Records
36. Company to Furnish Copies of Agreements
37. Treatment of Information Supplied by Company
38. Local Resident Manager
39. Indemnity
40. Statements, Prospectuses, etc
41. Notice of Change of Company's Standing
42. Transfers and Assignment
43. Power of Designated Authority to Perform Company's Obligation
44. Right of the Company to Terminate Agreement
45. Right of the Designated Authority to Terminate Agreement
46. Effect of Termination
47. Delivery up of Productive Wells
48. Plugging of Wells at End of Agreement
49. Application of Force Majeure
50. Settlement of Disputes
51. Applicable Law
52. Compliance with Law
53. Delegation
54. Modifications etc
55. Notices
56. Schedules and Titles
FIRST SCHEDULE
Identification of Areas Designated for the Purpose of Petroleum Exploration
SECOND SCHEDULE
Minimum Work Programme
THIRD SCHEDULE
Approved Decommissioning Plan
FOURTH SCHEDULE
Accounting Procedure
FIFTH SCHEDULE
Parent Company Performance Guarantee
1: PRELIMINARY
ARTICLE 1 – SHORT TITLE
ARTICLE 2 - INTERPRETATION
ARTICLE 3 – SCOPE AND PURPOSE
PART 2: REGULATION OF ACTIVITIES IN THE JOINT MANAGEMENT AREA
ARTICLE 4 – REGULATION OF ACTIVITIES
ARTICLE 5 – PREVENTION MEASURES
PART 3: ENVIRONMENTAL ASSESSMENT AND PLANNING
ARTICLE 6 – INITIAL SCREENING ASSESSMENT
ARTICLE 7 – PRELIMINARY ENVIRONMENTAL ASSESSMENT
ARTICLE 8 – COMPREHENSIVE ENVIRONMENTAL ASSESSMENT
ARTICLE 9 – CHANGES TO EXISTING ACTIVITIES
ARTICLE 10 – ENVIRONMENTAL MANAGEMENT SYSTEMS
ARTICLE 11 – ENVIRONMENTAL MONITORING
PART 4: ENVIRONMENTAL DAMAGE AND LIABILITY
ARTICLE 12 ENVIRONMENTAL DAMAGE
ARTICLE13 LIABILITY FOR DAMAGE ARISING FROM MAJOR ENVIRONMENTAL INCIDENTS
ARTICLE 14 EXCEPTIONS FROM LIABILITY
ARTICLE 15 RESPONSE ACTIONS
ARTICLE 16 COMPENSATION
ARTICLE 17 ENVIRONMENTAL REMEDIATION
ARTICLE 18 LIMITS OF LIABILITY
ARTICLE 19 INSURANCE AND OTHER FINANCIAL SECURITY
ANNEX I: PREVENTION AND CONTROL OF POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF
ANNEX II: PREVENTION AND CONTROL OF POLLUTION RESULTING FROM BY DUMPING FROM SHIPS AND AIRCRAFT OR INCINERATION AT SEA
ANNEX III: GUIDELINES FOR MINIMISING THE RISK OF INJURY AND DISTURBANCE TO MARINE MAMMALS FROM SEISMIC SURVEYS
Environmental Code of Practice for the Joint Management Area
Offshore Petroleum Safety Code for the Joint Management Area
PART 1: PRELIMINARY
ARTICLE 1 – SHORT TITLE
ARTICLE 2 - INTERPRETATION
ARTICLE 3 - SCOPE AND PURPOSE
PART 2: DUTIES RELATING TO PETROLEUM OPERATIONS
ARTICLE 4 - SAFETY OF INSTALLATIONS
ARTICLE 5 - INSTALLATION MANAGERS
ARTICLE 6 - MANAGEMENT OF HAZARDOUS LIQUIDS, VAPOURS AND
GASES
ARTICLE 7 - SAFE DISPOSAL OF WASTE PETROLEUM
ARTICLE 8 - SOURCES OF IGNITION
ARTICLE 9 - NOTIFICATION OF INITIAL DISCHARGE OF PETROLEUM
VAPOURS
ARTICLE 10 - DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE,
SUSPENSION, AND ABANDONMENT STANDARDS
PART 3: DUTIES RELATING TO WELL-DRILLING OPERATIONS
ARTICLE 11 - APPLICATION OF THIS PART
ARTICLE 12 - OPERATOR DUTIES
ARTICLE 13 - NOTIFIABLE OPERATIONS
ARTICLE 14 - INSPECTION OF WELL-DRILLING OPERATIONS
ARTICLE 15 - WELL CONTROL EQUIPMENT
ARTICLE 16 - MANAGEMENT OF HAZARDS IN WELL-DRILLING
OPERATIONS
ARTICLE 17 - CASING OF WELLS
ARTICLE 18 - NOTIFICATION OF CERTAIN EVENTS
ARTICLE 19 - ABANDONMENT OF WELLS
ARTICLE 20 - WELL-DRILLING RECORDS
PART 4: DUTIES RELATING TO INSTALLATIONS
ARTICLE 21 - SAFETY CASE
ARTICLE 22 - COMPLIANCE WITH SAFETY CASE REQUIREMENTS
ARTICLE 23 - SAFETY CASE RECORDS
PART 5: CERTIFICATES OF FITNESS AND VERIFICATION SCHEMES
ARTICLE 24 - CERTIFICATES OF FITNESS
ARTICLE 25 - RECOGNITION OF INSPECTION BODIES
ARTICLE 26 - INSPECTION BODY TO CARRY OUT INSPECTIONS AND
ISSUE CERTIFICATES OF FITNESS
ARTICLE 27 - RECOGNITION OF VERIFICATION SCHEMES ARTICLE 28 -
FUNCTIONS OF OPERATORS OPERATING VERIFICATION SCHEMES
ARTICLE 29 - REPORTS OF AUDITS OF INSTALLATION
PART 6: MANAGEMENT OF EMERGENCIES
ARTICLE 30 - EMERGENCY RESPONSE PLANS
ARTICLE 31 - PROTECTION OF ACCOMMODATION
ARTICLE 32 - PROVISION OF TEMPORARY REFUGE
ARTICLE 33 - OFFSHORE LIFE-SAVING EQUIPMENT
ARTICLE 34 - MANAGEMENT OF HAZARDS IN ALL INSTALLATIONS
PART 7: DUTIES RELATING TO THE OPERATION OF MOBILE
OFFSHORE DRILLING UNITS (MODUS) IN THE JMA
ARTICLE 35 - REQUIREMENTS FOR OPERATION OF A MODU IN THE
JMA
ARTICLE 36 - OPERATIONAL READINESS OF MODUS
SCHEDULE 1: PARTICULARS REQUIRED TO BE NOTIFIED TO THE
AUTHORITY
SCHEDULE 2: PARTICULARS TO BE KEPT IN DAILY WELL-DRILLING
RECORDS
SCHEDULE 3: PARTICULARS TO BE INCLUDED IN SUMMARY REPORT
OF COMPLETED WELL DRILLING
SCHEDULE 4: PARTICULARS TO BE INCLUDED IN SAFETY CASE FOR
INSTALLATION
SCHEDULE 5: MATTERS TO BE ADDRESSED BY SAFETY MANAGEMENT
SYSTEMS
SCHEDULE 6: FORM OF CERTIFICATE OF FITNESS
SCHEDULE 7: PARTICULARS TO BE PROVIDED FOR IN VERIFICATION
SCHEME
THE JOINT FISCAL AND TAXATION CODE 2014
SECTION A : GENERAL Article 1. Short Title Article 2. Interpretation Article 3. Application of the Code Article 4. Personal Scope Article 5. Source of Income Article 6. Resident SECTION B: INCOME GENERATED FROM NATURAL RESOURCE ACTIVITIES PART 1: LIABILITY TO ROYALTY AND TAXES Article 7. Royalty and Taxes Article 8. Filing of Returns and Payment of Tax PART 2: PETROLEUM ROYALTY Article 9. Levy of Petroleum Royalty PART 3: PETROLEUM INCOME TAX Article 10. Gross Income Article 11. Allowable Expenditure Article 12. Depreciation Article 13. Costs Not-Allowable Article 14. Computation of Taxable Income Article 15. Rate of Petroleum Income Tax PART 4: PETROLEUM ADDITIONAL PROFITS TAX Article 16. Levy of Petroleum Additional Profits Tax
SECTION C: INCOME GENERATED FROM OTHER ACTIVITIES RELATED TO OR CONNECTED WITH NATURAL RESOURCE ACTIVITIES IN THE JMA Article 17. Taxation of Other Income Article 18. Taxation of Employees Article 19. Tax Treatment of Dividends SECTION D: MISCELLANEOUS Article 20. Exchange of Information Article 21. Amendments Article 22. Entry into Force
JOINT MINISTERIAL DECLARATION CONCERNING THE SUSTAINABLE DEVELOPMENT OF THE JOINT MANAGEMENT AREA OF THE CONTINENTAL SHELF IN THE MASCARENE PLATEAU REGION
Jointly Declare and Agree 1. TO MANAGE the use, development, and protection of natural resources of the JMA …
2. TO REQUIRE the Joint Commission to ensure that activities in the JMA shall be planned and conducted so as
to minimise adverse impacts on the marine environment
3. TO DIRECT the Joint Commission to take account of key principles and approaches that are expressed in major international treaties and conventions relating to ocean management
4. TO DIRECT the Joint Commission to ensure that the Environmental Code of Practice …
5. TO DIRECT the Joint Commission to take all appropriate measures to prevent, abate and, to the fullest possible extent, eliminate pollution …
6. TO ENSURE that the Joint Commission establishes a contingency plan for combating pollution from natural resources activities …
7. TO ESTABLISH a Marine Environment Fund to prepare for and respond effectively to environmental emergencies …
8. TO ESTABLISH a comprehensive system of multi-use marine planning that takes account of the sustainable exploration and optimum exploitation of marine resources of the JMA …
UNDP GEF proposal Components
1. Capacity building on MSP
2. Procurement of soft & Hardware
3. Data procurement & Observatory
4. Ocean governance/ Indicator development
Two States – Peer review mechanism for policy decision
USD 2.5 M
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Ocean Observatory – Data Management System Regional IORA approved project - $ 60,000
Establishment of Socio-Economics & Physical Science Indicators & legal
Data capture - Areas beyond National Jurisdiction
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Maritime Zone of Mauritius & ABNJ
1.9 million km2: Exclusive Economic Zone of the Republic of Mauritius
396,000 km2: Extended area in joint management with the Seychelles
2.3 million km2: Total maritime zone 303,000 km2: Further seabed and subsoil extensions submitted to UNCLOS for Rodrigues & Chagos Archipelago
Courtesy of BOI
ABNJ- Future MAPPING – Ecological richness
More of Concern for neighbouring state
Engagement will come from them
Declaration of intention by neighbouring state
- Ministerial Declaration on Sustainbale Development
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