Approval of the framework law on maritime space planning and management in Timor-Leste

Approval of the framework law on maritime space planning and management in Timor-Leste

April 2026
Approval of the framework law on maritime space planning and management in Timor-Leste

On 20 February 2026, the Government of the Democratic Republic of Timor-Leste enacted Decree-Law 15/2026 of 1 April 2026, which lays down the Framework for the Planning and Management of the National Maritime Space (Framework Act).

The approval of the Framework Act comes on the heels of the Government’s decision to prioritise the development of a ten-year Blue Economy Policy. This commitment has already been reflected in the 2026 State Budget (OE26) through the inclusion of the very first pilot project—Sub-programme A2104: Blue Economy. The policy became a priority for the Government as it felt the need to: (i) adopt a holistic, rather than sector-specific, approach to the maritime territory; (ii) identify the essential elements of the legal framework; (iii) guarantee that measures taken under the Framework Act duly consider the preservation, protection, and restoration of natural assets, coastal and marine ecosystems, as well as the attainment and maintenance of good environmental status for the marine environment; and (iv) anticipate risks and mitigate the impacts associated with natural disasters, climate change, or human activities.

The Framework Act came into force on 2 April 2026, but does not yet apply fully, as implementing legislation is still required that must be enacted by 1 October 2027. The following are but some aspects requiring further regulation: rules governing the use of national maritime space—which, for the time being, will continue to be subject to the existing framework. This is especially the case for the regime applicable to licences for using resources in national maritime space that were issued under previous legislation: these licences will remain valid as issued, particularly with respect to the rights of use they confer.

Contacts

April 2026
Approval of the framework law on maritime space planning and management in Timor-Leste

Scope

The Framework Act applies to the national maritime zone, which extends from the baselines to the outer limit of the territorial sea and includes both the exclusive economic zone and the continental shelf, as defined in Law 7/2002 of 20 September 2002.

The Act establishes the framework for the planning, management, and regulation of use of the national maritime area.

The following instruments are used for the planning and management of the national maritime space:

  • Location plan of the national maritime space, identifying the areas and/or volumes of the zones within the national maritime space, showing the spatial and temporal distribution of current and potential uses and/or activities, as well as sites for the protection and conservation of the marine environment and vulnerable marine ecosystems, including protected marine areas.
  • Plan for the allocation of areas and/or volumes of maritime zones to different uses and activities, identifying which areas and/or volumes within maritime zones will be allocated to different uses and/or activities.

These plans will be prepared, amended, reviewed, or suspended in accordance with the procedures and timelines set out both in the Framework Act and in a forthcoming dedicated act. Notably, the Framework Act already establishes the right of all interested parties to be fully informed and to participate actively in the relevant procedures.

Regarding the use of national maritime space, the Framework Act preserves the possibility already enshrined in existing legislation (notably Decree-Law 5/2011 on environmental licensing, as amended from time to time), namely the common and exclusive uses of the national maritime space. The provisions governing exclusive use are particularly significant, as they introduce innovative elements.

The exclusive use of national maritime space—meaning the reservation of a specific area or volume for the exploitation of the marine environment, marine resources, or ecosystem services, to a greater extent than is possible through common use and resulting in a public benefit—requires obtaining one of the following three: concession, licence, or authorisation. Their framework is subject to further ancillary legislation, especially regarding how they are to be granted. The issue of these instruments requires their holders to make effective use and to take the necessary measures to attain and maintain the good environmental status of the marine environment and coastal areas.

The exclusive use of national maritime space involving uninterrupted use of an area or volume for a period exceeding 12 months (“long-term use”) is subject to concession. Concessions have a maximum duration of 50 years.

The temporary, intermittent or seasonal exclusive use of an area or volume of national maritime space is subject to a licence. Licences have a maximum duration of 25 years.

Authorisations apply to the exclusive use of national maritime space as part of pilot projects for new uses or technologies, or for non-commercial activities.
Exclusive use concessions, licences or authorizations expire at the end of the term specified therein.

Interested parties are entitled to submit a request to the relevant authority for prior information regarding the possibility of using national maritime space for purposes or activities not provided for in the location plan. Should such prior information be favourable, it is binding on the State as regards the possibility of using the space for the intended purpose or activity.

Activities falling outside the scope of the Framework Act

The following fall outside the scope of the Framework Act:

  • Activities aimed exclusively at national defence or the internal security of the State (as determined by their nature and purpose); and
  • The Special Regime Area established under the Treaty of 6 March 2018 between the Democratic Republic of Timor-Leste and Australia, Establishing Their Maritime Boundaries in the Timor Sea.

Fishing and aquaculture activities do come under the Framework Act, which must in this case be applied in coordination with the general principles of the legal framework governing the management and regulation of fishing and aquaculture.

Repeal

Legislation contrary to the Framework Act is repealed upon its entry into force. It is a comprehensive provision that will always require a critical analysis of the other legal regimes in force at the time the Framework Act is applied.

What’s next?

Following the enactment of the new Framework Act, the Government is expected to pass implementing legislation within 18 months, as provided for in the Framework Act, to regulate the economic and financial regime governing the exclusive use of national maritime space.

In other news…

Other acts relevant for the Framework Act have also been enacted:

  • Resolution 17/2026 of 27 March 2026, adopting the Policy and Action Plan for the Promotion of a Resilient and Sustainable Blue Economy in the Country for 2025–2035. The act came into force on 28 March and is intended to implement the Government’s policy of promoting and diversifying the maritime economy; and
  • Resolution 18/2026 of 27 March 2026, which regulates the Marine Satellite Account. The act came into force on 28 March and is intended to enable the National Statistics Institute to collect data relevant to the accounting of the real economy – both public and private – within the Maritime Economy, in order to (at the very least) reconcile this with the budgetary indicator for the maritime economy included in the 2026 State Budget as the pilot project mentioned above.

These acts must also be coordinated with other relevant legislation, such as Decree-Law 26/2025 of 13 August 2025, which regulates the Legal Framework for International Marine Scientific Research, Decree 27/2012 of 4 July 2012, which regulates the Framework Law on the Environment, a piece of legislation that enshrines the general environmental protection principles and objectives (including the marine environment and coastal zones), and the Municipal Spatial Planning Plans for Baucau (Government Decree 4/2025 of 2 April 2025); for Viqueque (Government Decree 6/2025, of 2 April 2025); for Lautém (Government Decree 5/2025, of 2 April 2025) and for Bobonaro (Government Decree 7/2023, of 14 June 2023), insofar as they regulate the use of land and coastal zones at municipal level.

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