The
Exclusive Economic Zone Regulations 20261 (“
Regulations”) were gazetted on 26 June 2026 and came into operation on
29 June 2026.
The Regulations introduce requirements and prohibitions in relation to marine sensitive areas
2, contravention of which constitutes an offence, including:
The Regulations also contain enforcement provisions relating to vessels, including offences for damaging a marine sensitive area, intentionally anchoring a vessel in a marine sensitive area, and breaking or damaging submarine cables or pipelines. It also provides for execution of a bond or other financial security of up to RM1,000,000 with one or more sureties resident in Malaysia, for the release of a detained vessel pending completion of proceedings in respect of any offence under the Regulations.
Alert by Sarah Aida binti Mohammad Ali (Associate) of the Corporate Practice of Skrine.
1 P.U.(A) 233/2026. The Regulations were made pursuant to section 41 of the Exclusive Economic Zone Act 1984.
2 A “marine sensitive area” is an area designated by the Malaysian Government as a marine sensitive area under regulation 3 of the Regulations (Regulation 2 of the Regulations).
3 Section 3(1) of the Exclusive Economic Zone Act 1984 defines the “exclusive economic zone” of Malaysia as the area beyond and adjacent to the territorial sea of Malaysia and, subject to sections 3(2) and 3(4), extends to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
4 Section 2 of the Continental Shelf Act 1966 defines the “continental shelf”, inter alia, as the sea-bed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory of Malaysia to the outer edge of the continental margin as determined in accordance with section 2B
or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured in accordance with the Baselines of Maritime Zones Act 2006 where the outer edge of the continental margin does not extend up to that distance.
5 The expression “cargo transfer” means the transfer of oil, liquified gas, liquid bulk chemicals or petroleum products between two vessels which is transported by either or both of the vessels at anchor or underway, but does not include a bunkering operation (Regulation 2 of the Regulations).
6 The expression “bunkering operation” means the transfer of oil between vessels for consumption by the engines of the vessel receiving the oil (Regulation 2 of the Regulations).