Revised Laws of Saint Lucia (2022)

17.   Transit passage

1.  

   (1)   A foreign vessel or aircraft may, subject to and in accordance with this section and international law, exercise in relation to a designated strait the right under international law of transit passage, that is to say the right of freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of a designated strait between—

   1.  

      (a)     one part of the high seas or an exclusive economic zone; and

   1.  

      (b)     another part of the high seas or another part of an exclusive economic zone.

1.  

   (2)   For the purposes of subsection (1), a vessel or aircraft that engages in a designated strait in any proscribed activity shall be deemed to engage in an activity which is not an exercise of the right of transit passage.

1.  

   (3)   In exercising the right of transit passage of a designated strait a vessel shall comply with—

   1.  

      (a)     generally accepted international regulations, procedures and practices for safety at sea, or for the prevention, reduction and control of pollution from vessels, which have effect in the strait; and

   1.  

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

      1.  

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

      1.  

         (ii)     fishing vessels, and the prevention of fishing including the stowage of fishing gear, and

      1.  

         (iii)     customs, excise, immigration or sanitation controls in relation to the loading or unloading of any commodity, currency or person.

1.  

   (4)   In exercising the right of transit passage of a designated strait, an aircraft—

   1.  

      (a)     shall observe the Rules of the Air established by the International Civil Aviation Organisation as they apply to civil aircraft, and a state aircraft shall normally comply with such safety measures and shall at all times operate with due regard for the safety of navigation; and

   1.  

      (b)     shall at all times monitor the radio frequency assigned by the appropriate internationally designated air traffic control authority or the appropriate international distress radio frequency.