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CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

 

 

Act 3 of 2004

ANTI-PERSONNEL MINES (PROHIBITION) ACT

 

[12th April, 2004]

 

ARRANGEMENT OF SECTIONS

1.            Short Title

2.            Interpretation

3.            Application of the Act

4.            Prohibition Relating to Anti-Personnel Mines

5.            Legality of Acts done under the Convention

6.            Offences

7.            Regulations

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1.            This Act may be cited as the Anti-Personnel Mines (Prohibition) Act.

 

2.            In this Act—

 

“anti-handling device” means a device which is intended to protect a mine and which is part of, linked to, attached to, or placed under, the mine and which activates when an attempt is made to tamper with, or otherwise intentionally disturb, the mine;           
 

“anti-personnel mine” —        
 

(a)                means  a mine which is designed to be exploded by the presence, proximity or contact of a person and which will incapacitate, injure or kill a person, and

 

(b)               does not include a mine which is designed to be  detonated by the presence, proximity or contact of a vehicle as opposed to a person, and which is equipped with an anti-handling device;

 

“authorised person” means a person authorised in writing by the Minister for the purposes of this Act;        
 

“Convention” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction;          
 

“destruction” mean destruction of anti-personnel mines in such manner as may be prescribed by the Minister;                       
 

“mine” means a munition designed— 
 

(a)                to be placed under, on or near the ground or other surface area; and

 

(b)               to be exploded by the presence, proximity or contact of a person or a vehicle;          

 

“mined area” means an area which is dangerous due to the  presence or suspected presence of mines;

 

“Minister” means the Minister responsible for defence;         
 

“transfer” means the physical movement of anti-personnel mines into or from Seychelles and includes the transfer of title  to, and  control over, the mines, but does not include the transfer of territory containing emplaced anti-personnel mines.
 

3.      This Act shall bind the State.  
 

 

4.(1)   Notwithstanding the Explosives Act but subject to subsection (2) —            
 

(a)        no person shall use, develop, produce, otherwise acquire, stockpile, retain, transfer to any other person, directly or indirectly, any anti-personnel mine;           
 

(b)        no person shall assist, encourage or induce, in any way, any other person to engage in any of the acts prohibited under paragraph (a).

  

   (2)  Notwithstanding subsection (1) —

           

(a)        the retention or transfer of anti-personnel mines for the development and training in mine detection, mine clearance, or mine destruction techniques by an authorised person shall not, where the quantity of such mines does not exceed the minimum number absolutely necessary for those purposes, constitute an offence:          
 

(b)        the transfer of anti-personnel mines for the purpose of destruction by an authorized person shall not constitute an offence.

 

5.      Notwithstanding any other enactment and without prejudice to the obligation of Seychelles or of any other person under any Article of the Convention.—

 

(a)                any act done by a member of a fact-binding mission authorised under the Convention in conformity with and  for  the purposes  of  the Convention or, with  the authorisation of the Minister, by any other person for the purpose of assisting such member in accomplishing such a mission, and

 

(b)                the importation into and export from Seychelles of any         equipment, material or technological information for the purpose of implementing the Convention, shall be lawful.

 

6.(1) Any person who contravenes section 4 in Seychelles commits an offence and shall, on conviction, be liable to imprisonment for a term of five years.           
 

   (2) Any person being a citizen of Seychelles who commits an act outside Seychelles, which if committed in Seychelles would be a contravention of section 4, commits an offence and shall, on conviction, be liable to imprisonment for a term of five years.           
 

   (3) A person who willfully obstructs any authorized officer or member of a fact finding mission in carrying out functions under this Act or under the Convention shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of five years.

 

   (4) The Court before which a person is convicted of an offence under subsection (1) shall, in addition to any penalty imposed by the Court, order any anti-personnel mine in respect of which the offence was committed to be forfeited.

   
  7.   The Minister may, for the purpose of carrying out the principles and provisions of this Act, make such regulations as he thinks fit.

 

 

 

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