Section 132
of Merchant Shipping Order, 2002
Section 132
(1)
Without prejudice to Article 60 of the United Nations Convention on the Law of the Sea, any construction of artificial islands, installations and structures in the Exclusive Economic Zone shall be communicated to the Director for the purpose of issuing navigational warnings and information as required by section 129.
(2)
Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organisation. Such removal shall also have due regard to fishing and the protection of the marine environment. For the purpose of section 129, any removal shall be communicated to the Director, including the depth, position and dimensions of any installations or structures not entirely removed.
(3)
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, and where necessary, by regulations, establish reasonable safety zones around artificial islands, installations and structures as measures to ensure the safety of navigation and of the artificial islands, installations and structures.
(
(4)
Without prejudice to the generality of subsection (3), the breadth of such zones shall be designed to ensure that they are reasonably related to the nature and functions of the artificial islands, installations and structures and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorised by generally accepted international standards or as recommended by the competent international organisation.
(5)
Notice on construction, removal and the extent of every safety zone established shall be published in the Gazette.
(6)
All ships, except those specified in subsection (7), are prohibited from entering the safety zones established under subsection (3). The owner, master or person in charge of any ship or any person found contravening subsection (3) shall be guilty of an offence and liable on conviction to a fine not exceeding $100,000 or imprisonment for a term not exceeding 10 years or both and the ship shall be liable to be detained.
(7)
The following ships or classes of ships are exempted from the requirements of subsection (6) -
(a)
ships engaged in providing services, maintenance and operation of the artificial islands, installations and structures and authorised by the operators of such artificial islands, installations and structures;
(b)
ships engaged in search and rescue operation to save life and property;
(c)
ships engaged in oil spill clean-up operation;
(d)
ships belonging to the Government, and other statutory bodies performing safety, security, customs, &seal, health and immigration enforcement activities in the zones; and
{e)
ships drifted due to mechanical breakdown or due to the stress of weather.
(8)
Ships or classes of ships exempted under this section shall observe all the safety requirements enforced by the operator of the artificial islands, installations and structures and any other written laws, while operating in the safety zones.