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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072141.html

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STATUTORY INSTRUMENTS

2007 No. 2141

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The Virgin Islands (Territorial Sea) Order 2007

  Made 25th July 2007 
  Coming into force 15th August 2007 

At the Court at Buckingham Palace, the 25th day of July 2007

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers vested in Her by the Colonial Boundaries Act 1895[1] and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

     1. This Order may be cited as the Virgin Islands (Territorial Sea) Order 2007 and shall come into force on 15th August 2007.

     2. —(1) Except as otherwise provided in paragraph (2) of this article, the boundaries of the Virgin Islands are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles measured from the baselines as established by articles 3 and 4 of this Order, together with the seabed of the territorial sea and its subsoil.

    (2) The seaward limit of the territorial sea adjacent to the Virgin Islands between Point A and Point FF indicated in the Schedule to this Order shall consist of a series of geodesic lines joining, in the sequence given, Points A to FF indicated in the Schedule to this Order.

     3. —(1) Except as otherwise provided in paragraph (2) of this article and in articles 4 and 5 below, the baseline from which the breadth of the territorial sea adjacent to the Virgin Islands is measured shall be the low-water line along the coast, including the coast of all islands comprised in the territory.

    (2) For the purposes of this article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof shall be treated as an island.

     4. —(1) In the case of the sea adjacent to a coast off which there are fringing reefs, the baseline from which the breadth of the territorial sea is measured shall be the seaward limit of the low-water line of the fringing reefs.

    (2) Where there is a break or passage through the fringing reefs referred to in paragraph (1) of this article, the baseline from which the breadth of the territorial sea is measured shall be a straight line joining the seaward entrance points of that break or passage.

     5. In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured shall—

     6. In this Order—


Judith Simpson
Clerk of the Privy Council


SCHEDULE
Article 2(2)


LIST OF POINTS


Point Treaty Position of Point
A            12 nautical mile arc intersect
B 10 18°29‘22”N 64°53‘50”W
C 11 18°27‘36”N 64°53‘22”W
D 12 18°25‘22”N 64°52‘39”W
E 13 18°24‘31”N 64°52‘19”W
F 14 18°23‘51”N 64°51‘50”W
G 15 18°23‘43”N 64°51‘23”W
H 16 18°23‘37”N 64°50‘18”W
I 17 18°23‘48”N 64°49‘42”W
J 18 18°24‘11”N 64°49‘01”W
K 19 18°24‘29”N 64°47‘57”W
L 20 18°24‘18”N 64°47‘00”W
M 21 18°23‘14”N 64°46‘37”W
N 22 18°22‘38”N 64°45‘21”W
O 23 18°22‘40”N 64°44‘42”W
P 24 18°22‘42”N 64°44‘36”W
Q 25 18°22‘37”N 64°44‘24”W
R 26 18°22‘40”N 64°43‘42”W
S 27 18°22‘30”N 64°43‘36”W
T 28 18°22‘25”N 64°42‘58”W
U 29 18°22‘27”N 64°42‘28”W
V 30 18°22‘16”N 64°42‘03”W
W 31 18°22‘23”N 64°40‘59”W
X 32 18°21‘58”N 64°40‘15”W
Y 33 18°21‘51”N 64°38‘22”W
Z 34 18°21‘22”N 64°38‘16”W
AA 35 18°20‘39”N 64°38‘32”W
BB 36 18°19‘16”N 64°38‘13”W
CC 37 18°19‘07”N 64°38‘16”W
DD 38 18°17‘24”N 64°39‘37”W
EE 39 18°16‘43”N 64°39‘41”W
FF            12 nautical mile arc intersect

Points A and FF are 12 nautical mile intersects on the aforementioned boundary and are liable to change if the territorial sea baseline, as defined in article 3 of this Order, changes.

Points B to EE correspond to Points 10 to 39 respectively of the points defined by the Treaty of 5 November 1993 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America[2] on the Delimitation in the Caribbean of a Maritime Boundary Relating to Puerto Rico/U.S. Virgin Islands and the British Virgin Islands.

All geographical co-ordinates given in this Schedule are on the North American Datum ("NAD83").


EXPLANATORY NOTE

(This note is not part of the Order)


This Order extends the boundaries of the British Overseas Territory of the Virgin Islands so as to include, as territorial sea, the sea within twelve nautical miles of the baselines of the Virgin Islands, together with its seabed and subsoil, and makes other provisions in this connection. In particular, it defines the baseline from which the breadth of the territorial sea is measured as generally the low-water line, except where there are fringing reefs or bays.

The limit adjacent to the US Virgin Islands is constituted by geodesic lines joining the points in the Schedule and follows the line defined by the Treaty of 5 November 1993 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on the Delimitation in the Caribbean of a Maritime Boundary Relating to Puerto Rico/U.S. Virgin Islands and the British Virgin Islands.

Notes:

 [1] 1895 c.34.back

[2] 1995 Cm 2978.back


ISBN 978 0 11 078314 7


 © Crown copyright 2007

Prepared 15 August 2007

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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072141.html