Disclamer 1
OCEAN ECONMOMY MARITIME ZONES DELIMITATION EXTENDED: JMA OCEAN OBSERVATORY 2
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Continental shelf area Mascarene Plateau Region 5
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Scientific Evidence TO SHOW THAT THE MASCARENE PLATEAU IS THE NATURAL PROLONGATION OF THE LANDMASSES OF THE TWO STATES 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 7
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Continental shelf area Mascarene Plateau Region 13
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 15
Two Treaties 16
TREATY 1 Signed 13 March 2012 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 2 Signed 13 March 2012 Treaty Concerning the Joint Management of the Continental Shelf in the Mascarene Plateau Region 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
Treaty Concerning the Concerning the Joint Management of the Continental Shelf in the Mascarene Plateau Region 19
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 20
Legal & Regulatory framework 1.Model Petroleum Agreement for JMA 2. Environmental Code of Practice for JMA 4. Fiscal & Taxation Code for JMA 5. Joint Ministerial Declaration on Sustainable development 3.Safety Code for JMA 6. Seabed Mapping of the JMA 21
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 Obligatio 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 Exp SECOND SCHEDULE Minimum Work Programme THIRD SCHEDULE Approved Decommissioning Plan FOURTH SCHEDULE Accounting Procedure FIFTH SCHEDULE Parent Company Performance Guarantee
Environmental Code of Practice for the Joint Management Area 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
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 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 PART 4: DUTIES RELATING TO INSTALLATIONS ARTICLE 21 - SAFETY CASE ARTICLE 22 - COMPLIANCE WITH SAFETY CASE REQUIREMENTS ARTICLE 23 - SAFETY CASE RECORDS 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 27
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 28
Maritime Zone of Mauritius & ABNJ Courtesy of BOI 1.9 million km 2 : Exclusive Economic Zone of the Republic of Mauritius 396,000 km 2 : Extended area in joint management with the Seychelles 2.3 million km 2 : Total maritime zone 303,000 km 2 : Further seabed and subsoil extensions submitted to UNCLOS for Rodrigues & Chagos Archipelago
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 30