PART VII
REGULATIONS
Section 18. The Minister, with the approval of the Governments, shall have the power to issue Ministerial Regulations in respect of the following:
(1) the conduct of or the carrying on of any business or service relating to the exploration and exploitation of the natural resources in the Joint Development Area;
(2) the payment of any monies due to the Governments from the Joint Authority under Section 10 and Section 13 (4);
(3) the terms and conditions of the appointment of, and the emoluments, travelling and subsistence allowances payable to, the Co-Chairman and other members of the Joint Authority;
(4) the procedure for the tender and award of any contract that may be entered into under Section 17, including the terms and conditions that may be included in such contract ;
(5) the keeping of proper accounts and other records of the transactions and affairs of the Joint Authority in accordance with generally accepted accounting principles;
(6) the preparation of annual statements of accounts and, subject to the provisions of this Act, the allocation of
(7) the audit of accounts and its subsequent submission to the Governments;
(8) the preparation and submission of the annual budget to the Governments;
(9) the rules and procedures for the exploration and exploitation of petroleum in the Joint Development Area; and
(10) any other matters for the purposes of carrying into effect the provisions of this Act : Provided that in respect of the Ministerial Regulations relating to matters referred to under (1), (4), (5), (6), (7), (8) and (9) above, such regulations may be made after consultations with the Joint Authority.
PART VIII
OFFICERS AND JURISDICTION OF COURTS
Section 19. Any member, officer, servant, and agent of the Joint Au- thority and any competent officer who has been appointed by the minister . under Section 5 shall be the officer-designated under the Criminal Code.
Section 20. Notwithstanding the provisions of any other written law, the Provincial Court of Songkhla, the Civil Court or the Criminal Court shall have jurisdiction to try and adjudicate on any case under this Act or Ministerial Regulations issued thereunder.
For the purpose of the exercise of jurisdiction over any offence committed under this Act or Ministerial Regulations issued under Section 18, the provisions of Section 21 paragraph 2 and Section 21 paragraph 6 (2) and (4) shall apply.
PART IX
JURISDICTION
Section 21. Subject to paragraph 2 and paragraph 3, the Kingdom of Thailand shall continue to have and exercise jurisdiction over the joint Development Area.
The civil and criminal jurisdiction of
(1) The Kingdom of Thailand in the joint Development Area shall extend over the area bounded by straight lines joining the following coordinated points:
| (A) |
N 6 |
50.00 |
E 102 |
21'.2 |
| (B) |
N 7 |
10.25 |
E 102 |
29'.0 |
| (C) |
N 7 |
91.00 |
E 103 |
02'.5 |
| (X) |
N 7 |
35.00 |
E 103 |
23'.0 |
(2) Malaysia in the joint Development Area shall extend over the area bounded by straight fines joining the following coordinated points:
| (A) |
N 6 |
50'.0 |
E 102 |
21'.2 |
| (X) |
N 7 |
35'.0 |
E 103 |
23'.0 |
| (D) |
N 7 |
22'.0 |
E 103 |
42'.5 |
| (E) |
N 7 |
20'.0 |
E 103 |
39'.0 |
| (F) |
N 7 |
03'.0 |
E 103 |
06'.0 |
| (G) |
N 6 |
53'.0 |
E 102 |
34'.0 |
The provisions of this Act shall not in any way affect the sovereign rights of the Kingdom of Thailand over the joint Development Area, and any waiver of jurisdiction under this section shall have no force and effect beyond the period of validity of the Agreement.
The consent by the Kingdom of Thailand to the exercise of civil and criminal jurisdiction by Malaysia under (2) of paragraph 2 and to the continued exercise of jurisdiction over matters relating to customs and excise, and taxation in the joint Development Area shall be conditional upon a reciprocal recognition of the Kingdom of Thailand's rights under
(1) of paragraph 2.
Any jurisdiction that may be vested in the Kingdom of Thailand or Malaysia under this section in respect of thejoint Development Area shall only be over matters and to the extent provided for in any law relating to the continental shelf and as recognised under international law. For the purpose of this section-
(1) "civil and criminal jurisdiction" shall not include jurisdiction over matters relating to customs and excise, and taxation ;
(2) criminal jurisdiction over an offence committed on a platform or an installation which straddles the line dividing jurisdiction and constructed for the purposes of exploration and exploitation of the natural resources of the sea-bed and subsoil in the joint Development Area is to be assumed exclusively by the Kingdom of Thailand or Malaysia in accordance with the designation of such platform or installation as Thai or Malaysian;
(3) the determination of whether a platform or an installation which straddles the line dividing jurisdiction and constructed for the purposes of exploration and exploitation of the natural resources of the sea-bed and subsoil in the joint Development Area is part of the Kingdom of Thailand or Malaysia in relation to any question that falls to be determined in any civil proceedings or for the purpose of the assumption or exercise of civil jurisdiction by the Kingdom of Thailand or Malaysia shall be in accordance with the designation of such platform or installation as Thai or Malaysian ; and
(4) the designation of a platform or an installation as Thai or Malaysian under (2) and (3) shall be determined according to the principle of most substantial location.
Next Page
[1] [2] [3]
|
