Revised Laws of Saint Lucia (2022)

16.   Innocent passage

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   (1)   A foreign vessel may, subject to and in accordance with this section and international law, exercise the right under international law of innocent passage, that is to say, the right of passage by navigating through the territorial sea for the purpose of—

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      (a)     traversing the territorial sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or

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      (b)     proceeding to or from internal waters or a call at any such roadstead or port facility, where the passage is innocent.

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   (2)   The passage of a foreign vessel—

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      (a)     is innocent so long as it is not prejudicial to the peace, good order or security of Saint Lucia; and

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      (b)     is deemed to be prejudicial to the peace, good order or security of Saint Lucia if the vessel, in the territorial sea, engages in any proscribed activity.

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   (3)   In exercising the right of innocent passage, a vessel shall comply with—

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      (a)     generally accepted international regulations, procedures and practices for safety at sea which have effect in the territorial sea, or any part thereof; and

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      (b)     the provisions of the Regulations, and any enactment, order or direction, which have effect in the territorial sea, or any part thereof, for or with respect to—

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         (i)     the safety of navigation and the regulation of maritime traffic, including the use of sea lanes and the operation of traffic separation schemes,

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         (ii)     the protection of navigational aids and facilities, and other facilities or installations,

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         (iii)     the protection of cables and pipelines,

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         (iv)     the conservation of resources,

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         (v)     fishing and fisheries,

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         (vi)     the preservation of the environment and the prevention, reduction and control of pollution,

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         (vii)     marine scientific research and hydrographic surveys, and

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         (viii)     controls or prohibitions in relation to customs, excise, immigration or sanitation.

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   (4)   The Minister may, where he or she is satisfied that it is essential to do so for the protection of the security of Saint Lucia, including weapons exercises, by order published in the Gazette, suspend, for such period as is specified in the order, the right of innocent passage through the territorial sea, or through any part of the territorial sea identified in the order.

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   (5)   An order made under subsection (4) shall not operate to suspend the right of transit passage of a designated strait.