Disclamer

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• OCEAN ECONMOMY

•MARITIME ZONES DELIMITATION EXTENDED: JMA

•OCEAN OBSERVATORY

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Continental shelf area

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Mascarene Plateau Region

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TO SHOW THAT THE MASCARENE PLATEAU IS THE

NATURAL PROLONGATION OF THE LANDMASSES OF

THE TWO STATES

Scientific Evidence

TO SHOW THAT THE PLATEAU CAN BE CLASSIFIED

AS A SUBMARINE ELEVATION AS PER THE

SCIENTIFIC AND TECHNICAL GUIDELINES OF THE

CLCS

TEST OF APPURTANENCE

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Continental shelf area

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Mascarene Plateau Region

Ocean Economy Roadmap

1. Seabed exploration for hydrocarbon and minerals 2. Fishing, seafood processing and aquaculture 3. Deep ocean water applications 4. Marine services 5. Seaport-related activities 6. Marine renewable energies 7. Marine Biotechnology 8. Ocean knowledge cluster

Regional Initiatives

Joint Management Framework

Treaties

Legal & Regulatory Framework

Managememt Authority

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Two Treaties

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Treaty Concerning the Joint Exercise of Sovereign Rights over the Continental Shelf in the Mascarene Plateau Region

Article 1: Joint Exercise of Sovereign Rights over the Continental Shelf Article 2: Delineation of the Joint Zone Article 3: Treaty without Prejudice Article 4: Entry into Force

TREATY 1 Signed 13 March 2012

Treaty Concerning the Joint Management of the Continental Shelf in the Mascarene Plateau Region

TREATY 2

PART 1: PRELIMINARY Article 1: Definitions Article 2: Treaty without Prejudice PART 2: THE JOINT MANAGEMENT AREA Article 3: Joint Management Area PART 3: INSTITUTIONAL AND REGULATORY ARRANGEMENTS Article 4: Regulatory Bodies A three-tiered joint administrative structure

Ministerial Council: Joint Commission: Designated Authority:

Article 5: Sharing of Revenue Article 6: Taxation Code Article 7: Application of Domestic Law Article 8: Natural Resource Codes PART 4: PIPELINES AND UNITISATION Article 9: Pipelines Article 10: Unitisation Article 11: Surveys Article 12: Protection of the Seabed Marine Environment Article 13: Biological Surveys and Bioprospecting

PART 6: EMPLOYMENT, HEALTH AND SAFETY AND APPLICATION OF DOMESTIC LAWS Article 14: Employment Article 15: Health and Safety for Workers Article 16: Criminal Jurisdiction Article 17: Customs, Migration and Quarantine Article 18: Safety, Operating Standards and Crewing of Resource Industry Vessels PART 7: SURVEILLANCE, SECURITY AND RESCUE Article 19: Surveillance and Security Measures Article 20: Search and Rescue PART 8: SETTLEMENT OF DISPUTES, DURATION AND ENTRY INTO FORCE Article 21: Settlement of Disputes Article 22: Amendment Article 23: Duration of the Treaty Article 24: Entry into Force

Signed 13 March 2012

Treaty Concerning the Concerning the Joint Management of the Continental

Shelf in the Mascarene Plateau Region

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Ministerial Council – Ministers of Foreign Affairs

Joint Commission

– Mauritius, Sec to Cabinet, (MoFA)Amb J Koonjul, Ocean Affairs (R Badal), Solicitor General (D Dabee)

- Seychelles, Adviser to Minister of Lands, Min of Foreign Affairs, Legal Expert, Petro-Seychelles

Designated Authority – Ocean Affairs & PetroSeychelles

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Legal & Regulatory framework

1.Model Petroleum Agreement for

JMA

4. Fiscal & Taxation Code for JMA

2. Environmental Code of Practice

for JMA

5. Joint Ministerial Declaration on

Sustainable development

3.Safety Code for JMA 6. Seabed Mapping of the JMA

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MODEL PETROLEUM AGREEMENT

1. Definitions

2. General Grant

3. Rights of the Company

4. Term of Agreement

5. Relinquishment

6. Consultation on Area to be Relinquished

7. Work Programme and Annual Plan

8. Work Practices

9. Discovery of Petroleum

10. Determination of Petroleum Field

11. Development Plan

12. Technical Advisory Committee

13. Annual Rentals

14. Petroleum Royalty

15. Petroleum Income Tax

16. Petroleum Additional Profits Tax

17. Valuation of JMA Crude Oil

18. Exemption from Import Taxes

19. Foreign Exchange

20. Employment, Training and Local Purchases

21. Accounts and Audit

22. Assets and Insurance

23. Protection of the Environment

24. Fishing and Navigation

25. Health and Safety

26. Natural Gas

27. Unit Development

28. Measurement of Petroleum and Inspections

29. Rights of Access

30. Installations

31. Drilling of Wells

32. Abandonment and Decommissioning

33. Provision of Storage Tanks

34. Company to Keep Samples

35. Company to Keep and Give Records

36. Company to Furnish Copies of Agreements

37. Treatment of Information Supplied by Company

38. Local Resident Manager

39. Indemnity

40. Statements, Prospectuses, etc

41. Notice of Change of Company's Standing

42. Transfers and Assignment

43. Power of Designated Authority to Perform Company's Obligation

44. Right of the Company to Terminate Agreement

45. Right of the Designated Authority to Terminate Agreement

46. Effect of Termination

47. Delivery up of Productive Wells

48. Plugging of Wells at End of Agreement

49. Application of Force Majeure

50. Settlement of Disputes

51. Applicable Law

52. Compliance with Law

53. Delegation

54. Modifications etc

55. Notices

56. Schedules and Titles

FIRST SCHEDULE

Identification of Areas Designated for the Purpose of Petroleum Exploration

SECOND SCHEDULE

Minimum Work Programme

THIRD SCHEDULE

Approved Decommissioning Plan

FOURTH SCHEDULE

Accounting Procedure

FIFTH SCHEDULE

Parent Company Performance Guarantee

1: PRELIMINARY

ARTICLE 1 – SHORT TITLE

ARTICLE 2 - INTERPRETATION

ARTICLE 3 – SCOPE AND PURPOSE

PART 2: REGULATION OF ACTIVITIES IN THE JOINT MANAGEMENT AREA

ARTICLE 4 – REGULATION OF ACTIVITIES

ARTICLE 5 – PREVENTION MEASURES

PART 3: ENVIRONMENTAL ASSESSMENT AND PLANNING

ARTICLE 6 – INITIAL SCREENING ASSESSMENT

ARTICLE 7 – PRELIMINARY ENVIRONMENTAL ASSESSMENT

ARTICLE 8 – COMPREHENSIVE ENVIRONMENTAL ASSESSMENT

ARTICLE 9 – CHANGES TO EXISTING ACTIVITIES

ARTICLE 10 – ENVIRONMENTAL MANAGEMENT SYSTEMS

ARTICLE 11 – ENVIRONMENTAL MONITORING

PART 4: ENVIRONMENTAL DAMAGE AND LIABILITY

ARTICLE 12 ENVIRONMENTAL DAMAGE

ARTICLE13 LIABILITY FOR DAMAGE ARISING FROM MAJOR ENVIRONMENTAL INCIDENTS

ARTICLE 14 EXCEPTIONS FROM LIABILITY

ARTICLE 15 RESPONSE ACTIONS

ARTICLE 16 COMPENSATION

ARTICLE 17 ENVIRONMENTAL REMEDIATION

ARTICLE 18 LIMITS OF LIABILITY

ARTICLE 19 INSURANCE AND OTHER FINANCIAL SECURITY

ANNEX I: PREVENTION AND CONTROL OF POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF

ANNEX II: PREVENTION AND CONTROL OF POLLUTION RESULTING FROM BY DUMPING FROM SHIPS AND AIRCRAFT OR INCINERATION AT SEA

ANNEX III: GUIDELINES FOR MINIMISING THE RISK OF INJURY AND DISTURBANCE TO MARINE MAMMALS FROM SEISMIC SURVEYS

Environmental Code of Practice for the Joint Management Area

Offshore Petroleum Safety Code for the Joint Management Area

PART 1: PRELIMINARY

ARTICLE 1 – SHORT TITLE

ARTICLE 2 - INTERPRETATION

ARTICLE 3 - SCOPE AND PURPOSE

PART 2: DUTIES RELATING TO PETROLEUM OPERATIONS

ARTICLE 4 - SAFETY OF INSTALLATIONS

ARTICLE 5 - INSTALLATION MANAGERS

ARTICLE 6 - MANAGEMENT OF HAZARDOUS LIQUIDS, VAPOURS AND

GASES

ARTICLE 7 - SAFE DISPOSAL OF WASTE PETROLEUM

ARTICLE 8 - SOURCES OF IGNITION

ARTICLE 9 - NOTIFICATION OF INITIAL DISCHARGE OF PETROLEUM

VAPOURS

ARTICLE 10 - DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE,

SUSPENSION, AND ABANDONMENT STANDARDS

PART 3: DUTIES RELATING TO WELL-DRILLING OPERATIONS

ARTICLE 11 - APPLICATION OF THIS PART

ARTICLE 12 - OPERATOR DUTIES

ARTICLE 13 - NOTIFIABLE OPERATIONS

ARTICLE 14 - INSPECTION OF WELL-DRILLING OPERATIONS

ARTICLE 15 - WELL CONTROL EQUIPMENT

ARTICLE 16 - MANAGEMENT OF HAZARDS IN WELL-DRILLING

OPERATIONS

ARTICLE 17 - CASING OF WELLS

ARTICLE 18 - NOTIFICATION OF CERTAIN EVENTS

ARTICLE 19 - ABANDONMENT OF WELLS

ARTICLE 20 - WELL-DRILLING RECORDS

PART 4: DUTIES RELATING TO INSTALLATIONS

ARTICLE 21 - SAFETY CASE

ARTICLE 22 - COMPLIANCE WITH SAFETY CASE REQUIREMENTS

ARTICLE 23 - SAFETY CASE RECORDS

PART 5: CERTIFICATES OF FITNESS AND VERIFICATION SCHEMES

ARTICLE 24 - CERTIFICATES OF FITNESS

ARTICLE 25 - RECOGNITION OF INSPECTION BODIES

ARTICLE 26 - INSPECTION BODY TO CARRY OUT INSPECTIONS AND

ISSUE CERTIFICATES OF FITNESS

ARTICLE 27 - RECOGNITION OF VERIFICATION SCHEMES ARTICLE 28 -

FUNCTIONS OF OPERATORS OPERATING VERIFICATION SCHEMES

ARTICLE 29 - REPORTS OF AUDITS OF INSTALLATION

PART 6: MANAGEMENT OF EMERGENCIES

ARTICLE 30 - EMERGENCY RESPONSE PLANS

ARTICLE 31 - PROTECTION OF ACCOMMODATION

ARTICLE 32 - PROVISION OF TEMPORARY REFUGE

ARTICLE 33 - OFFSHORE LIFE-SAVING EQUIPMENT

ARTICLE 34 - MANAGEMENT OF HAZARDS IN ALL INSTALLATIONS

PART 7: DUTIES RELATING TO THE OPERATION OF MOBILE

OFFSHORE DRILLING UNITS (MODUS) IN THE JMA

ARTICLE 35 - REQUIREMENTS FOR OPERATION OF A MODU IN THE

JMA

ARTICLE 36 - OPERATIONAL READINESS OF MODUS

SCHEDULE 1: PARTICULARS REQUIRED TO BE NOTIFIED TO THE

AUTHORITY

SCHEDULE 2: PARTICULARS TO BE KEPT IN DAILY WELL-DRILLING

RECORDS

SCHEDULE 3: PARTICULARS TO BE INCLUDED IN SUMMARY REPORT

OF COMPLETED WELL DRILLING

SCHEDULE 4: PARTICULARS TO BE INCLUDED IN SAFETY CASE FOR

INSTALLATION

SCHEDULE 5: MATTERS TO BE ADDRESSED BY SAFETY MANAGEMENT

SYSTEMS

SCHEDULE 6: FORM OF CERTIFICATE OF FITNESS

SCHEDULE 7: PARTICULARS TO BE PROVIDED FOR IN VERIFICATION

SCHEME

THE JOINT FISCAL AND TAXATION CODE 2014

SECTION A : GENERAL Article 1. Short Title Article 2. Interpretation Article 3. Application of the Code Article 4. Personal Scope Article 5. Source of Income Article 6. Resident SECTION B: INCOME GENERATED FROM NATURAL RESOURCE ACTIVITIES PART 1: LIABILITY TO ROYALTY AND TAXES Article 7. Royalty and Taxes Article 8. Filing of Returns and Payment of Tax PART 2: PETROLEUM ROYALTY Article 9. Levy of Petroleum Royalty PART 3: PETROLEUM INCOME TAX Article 10. Gross Income Article 11. Allowable Expenditure Article 12. Depreciation Article 13. Costs Not-Allowable Article 14. Computation of Taxable Income Article 15. Rate of Petroleum Income Tax PART 4: PETROLEUM ADDITIONAL PROFITS TAX Article 16. Levy of Petroleum Additional Profits Tax

SECTION C: INCOME GENERATED FROM OTHER ACTIVITIES RELATED TO OR CONNECTED WITH NATURAL RESOURCE ACTIVITIES IN THE JMA Article 17. Taxation of Other Income Article 18. Taxation of Employees Article 19. Tax Treatment of Dividends SECTION D: MISCELLANEOUS Article 20. Exchange of Information Article 21. Amendments Article 22. Entry into Force

JOINT MINISTERIAL DECLARATION CONCERNING THE SUSTAINABLE DEVELOPMENT OF THE JOINT MANAGEMENT AREA OF THE CONTINENTAL SHELF IN THE MASCARENE PLATEAU REGION

Jointly Declare and Agree 1. TO MANAGE the use, development, and protection of natural resources of the JMA …

2. TO REQUIRE the Joint Commission to ensure that activities in the JMA shall be planned and conducted so as

to minimise adverse impacts on the marine environment

3. TO DIRECT the Joint Commission to take account of key principles and approaches that are expressed in major international treaties and conventions relating to ocean management

4. TO DIRECT the Joint Commission to ensure that the Environmental Code of Practice …

5. TO DIRECT the Joint Commission to take all appropriate measures to prevent, abate and, to the fullest possible extent, eliminate pollution …

6. TO ENSURE that the Joint Commission establishes a contingency plan for combating pollution from natural resources activities …

7. TO ESTABLISH a Marine Environment Fund to prepare for and respond effectively to environmental emergencies …

8. TO ESTABLISH a comprehensive system of multi-use marine planning that takes account of the sustainable exploration and optimum exploitation of marine resources of the JMA …

UNDP GEF proposal Components

1. Capacity building on MSP

2. Procurement of soft & Hardware

3. Data procurement & Observatory

4. Ocean governance/ Indicator development

Two States – Peer review mechanism for policy decision

USD 2.5 M

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Ocean Observatory – Data Management System Regional IORA approved project - $ 60,000

Establishment of Socio-Economics & Physical Science Indicators & legal

Data capture - Areas beyond National Jurisdiction

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Maritime Zone of Mauritius & ABNJ

1.9 million km2: Exclusive Economic Zone of the Republic of Mauritius

396,000 km2: Extended area in joint management with the Seychelles

2.3 million km2: Total maritime zone 303,000 km2: Further seabed and subsoil extensions submitted to UNCLOS for Rodrigues & Chagos Archipelago

Courtesy of BOI

ABNJ- Future MAPPING – Ecological richness

More of Concern for neighbouring state

Engagement will come from them

Declaration of intention by neighbouring state

- Ministerial Declaration on Sustainbale Development

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