Act 19 2020 - DEFENCE (AMENDMENT) ACT

[25th May 2020] Supplement to Official Gazette 245 DEFENCE (AMENDMENT) ACT, 2020 (Act 19 of 2020) I assent Danny Faure President 19th May, 2020 AN ACT to amend the Defence Act, Cap 58; to provide a legislative framework for the Seychelles Coast Guard; to repeal references to both the Seychelles People's Navy and the Seychelles People's Militia; and for matters incidental thereto. ENACTED by the President and the National Assembly. 1. This Act may be cited as the Defence (Amendment) Short title Act, 2020. 246 Supplement to Official Gazette [25th May 2020] 2. The Defence Act is amended as follows — Amendment of Cap 58 as last amended by Act 13 of 2006 (a) by repealing the word “Navy”, wherever it appears in the Act, and substituting therefor the words “Coast Guard”; (b) in section 2 — (i) by inserting in the proper alphabetical order the following definition — ““Coast Guard” means Seychelles Coast Guard;” (ii) in the definition of “enrolled” by deleting the words “or Militia”; (iii) by repealing the definition of “Militia”; (iv) by repealing the definition of “Navy”; (c) in section 3 — (i) in paragraph (b) by repealing the words “The Seychelles People's Navy” and substituting therefor the words “The Seychelles Coast Guard”; (ii) by repealing paragraph (d); (d) in section 4 by repealing the words “, Air Force and Militia” and substituting therefor the words “and Air Force”; (e) in section 5 in paragraph (b) by repealing the words “in section 30 and 32” and substituting therefor the words “in sections 30, 32 and 35B.” [25th May 2020] Supplement to Official Gazette 247 (f) in section 16 in subsection (3) by repealing the words “or to the Militia”; (g) by repealing section 19; in section 25 in subsection (2) by repealing the words “, Air Force or Militia” and substituting therefor the words “or Air Force”; (h) in section 28 by repealing the words “or of the Militia”; (i) in section 29 in subsection (1) by repealing the following words — (i) “or the Militia, or both,”; and (ii) “or the Militia”;” (j) in section 31 by inserting immediately after the words “under section 30” the words “, 35B. or 35C.”; (k) by inserting immediately after section 35 the following new Part — “PART VIA - THE SEYCHELLES COAST GUARD Interpretation 35A. In this Part unless the context otherwise requires — “hot pursuit” means hot pursuit as defined under Article 111 of the United Nations Convention on the Law of the Sea, 1982; “innocent passage” means innocent passage as defined 248 Supplement to Official Gazette [25th May 2020] under the Maritime Zones Act, Cap 122; “maritime zones” means the internal waters, the territorial sea, the exclusive economic zone, the contiguous zone, the archipelagic waters and the continental shelf of the Republic within the meaning of the Maritime Zones Act; “narcotic drugs” shall be construed as meaning a controlled drug as defined by the Misuse of Drugs Act, 2016; “piracy” means piracy as defined under the Penal Code Cap, 158; “ship” means every description of vessel used in navigation, whether self-propelled or not, and includes barges, jet skis, seaplanes and other similar craft and vessels; “trafficking in persons” means trafficking in persons as defined under the Prohibition of Trafficking in Persons Act, 2014. Duties of 35B.(1) The Coast Guard shall, Coast subject to the provisions of this Act, Guard. primarily be employed as a military service organisation of the Defence Force for the defence of Seychelles and [25th May 2020] Supplement to Official Gazette 249 protection of its sovereignty and territorial integrity and rights in relation to the maritime zones of Seychelles. (2) The Coast Guard and each member of the Defence Force assisting it in an operation shall, without derogating from the investigatory or law enforcement powers of the police or any other authority, exercise and have — (a) all the powers, authorities, privileges and immunities of the police, under the Police Force Act, Cap 172, and any other law, and when acting as such shall be deemed to be acting as police for the purposes of the Police Force Act and any other law; (b) the powers of arrest, apprehension and detention conferred on authorised persons under section 23 of the Maritime Zones Act; and (c) the powers of arrest, investigation, inspection and detention conferred on an authorised fisheries officer, under the Fisheries Act, 2014, and when acting as such shall be deemed to be an authorised fisheries officer for the purposes of the Fisheries Act. 250 Supplement to Official Gazette [25th May 2020] (3) The powers conferred by subsections (1) and (2) shall be for the purpose of the enforcement of Seychelles' maritime laws, maritime security, maritime safety and marine resource protection in relation to the maritime zones of Seychelles, and in particular the enforcement, or assistance in the enforcement of the provisions of any law relating to — (a) customs and revenue collection; (b) immigration and nationality; (c) quarantine; (d) ports and harbours; (e) fisheries protection; (f) marine resources and environmental protection; (g) safety of navigation; (h) marine pollution; (i) search and rescue; (j) port security and safety; (k) recreational boating safety; (l) Port State Control; (m) piracy, maritime crime and violence; [25th May 2020] Supplement to Official Gazette 251 (n) trafficking of narcotic drugs; (o) arms or ammunition trafficking; (p) trafficking in persons; (q) transnational criminal activity; (r) maritime terrorism; (s) maintaining territorial integrity and sovereignty of Seychelles maritime zones; (t) defence of Seychelles; (u) protecting archaeological or history objects or sites; (v) enforcement of all maritime conventions or agreements that the Republic is party to, including but not limited to those such as or, as the case may be, relating to the following — (i) Safety of Life at Sea (SOLAS); (ii) Maritime Pollution (MARPOL); (iii) Oil Spill Prevention Response and Cooperation (OPRC); 252 Supplement to Official Gazette [25th May 2020] (iv) the International Load Lines Convention (ILA); (v) United Nations Convention on the Law of the Sea (UNCLOS); (vi) the Tonnage Convention. (w) to perform any other function that may be conferred by this Act or any other written law. (4) In performing its functions under subsection (3) in relation to any matter, where the Coast Guard is not the authority with responsibility for that matter, the Coast Guard and its members shall act in consultation and coordination with the responsible Ministry, Department or Agency, except in a case of emergency, as determined by the Commandant or other member of the Defence Force who at the time is in command of the Coast Guard. (5) The Coast Guard shall cooperate with and assist any other public authority during emergencies or disasters or in the execution of a public authority's mandates in the maritime zones. 35C.(1) The Coast Guard shall have Powers of Coast the power to undertake all the actions Guard necessary for the performance of its duties under this Act or any other written law. [25th May 2020] Supplement to Official Gazette 253 (2) Notwithstanding the generality of subsection (1), the Coast Guard shall have the powers, consistent with international law, within the maritime zones, to — (a) receive and consider any report of the commission of an offence; (b) stop, enter, board, inspect or search any structure, place, ship or aircraft engaged in or suspected to be engaged in any unlawful activity; (c) seize or detain any ship or aircraft engaged in or suspected to be engaged in any unlawful activity; (d) demand the production of any licence, permit, record or any other relevant document and to examine such licence, permit, record or document or make copies or take extracts from such licence, permit, record or document; (e) investigate any offence which it has reason to believe is being committed, is about to be committed or has been committed; 254 Supplement to Official Gazette [25th May 2020] (f) exercise the right of hot pursuit; (g) dispose of any fish, article, device, goods, ship, aircraft or any other item that is connected to the commission of an offence, subject to the provisions of this Act or any other written law; (h) arrest any person, in the maritime zones or on land, who it has reason to believe has committed an offence in the maritime zones, and secure or preserve evidence, whether in the maritime zones or on land, relating to the offence for which the person is under arrest: provided that the arrested person and any evidence preserved shall be handed over to a member of the Police Force as soon as practicable; (i) conduct research, study or any training necessary for the performance of its functions; (j) record statements or make inquiries, inspections or examinations as may be necessary under this Act or any other written law; (k) assist in environmental protection and anti-poaching; and [25th May 2020] Supplement to Official Gazette 255 (l) expel any ship or aircraft whose presence in the maritime zones is detrimental to the national interests of Seychelles, or is likely to endanger order and safety in the maritime zones. (3) Subsection (2) shall be without prejudice to the performance by any authority of similar duties under any enactment enabling it to do so. Innocent 35D. The Coast Guard shall not passage stop, enter, board, search, inspect or detain a ship or aircraft in the maritime zones if the passage of the ship or aircraft in the maritime zones constitutes innocent passage. 35E. No action, suit, prosecution Immunity of members of or other proceedings shall be brought or the Defence instituted personally against any member Force. of the Defence Force in respect of any act done in good faith in pursuance or execution of the member's duties or powers under this Act.”; (l) in section 36 by repealing the words “and Militia”. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 13th May, 2020. Mrs. Tania Isaac Deputy Clerk to the National Assembly