Commonwealth Numbered Acts Commonwealth Numbered ActsEnvironment Protection (Sea Dumping) Act 1981
1 Title
2 Subsection 4(1)
3 Subsection 4(1)
4 Subsection 4(1) 5 Subsection 4(1) 6 Subsection 4(1) (definition of Australian fishing zone ) 7 Subsection 4(1) (definition of Australian platform ) 8 Subsection 4(1) (paragraphs (c) and (d) of the definition
of Australian waters )
9 Subsection 4(1)
10 Subsection 4(1) (definition of Convention ) 11
Subsection 4(1) (paragraph (b) of the definition of inspector ) 12
Subsection 4(1)
13 Subsection 4(1)
14 Subsection 4(1) 15 Subsection 4(1)
16 Subsection 4(1) (definition of SPREP Protocol ) 17
Subsection 4(1)
18 Subsection 4(4) 19 Subsection 4(4A) 20 Subsection 4(5) 21 After section 4
overlap area means the overlapping area described in Article 7 of the
Australia-Indonesia Delimitation Treaty.
22 Section 5 23 Section
7
24 After section 8 25 Section 9
26 Sections 9A to 14
27 Section 15
28 Section 16
29 Paragraphs 17(1)(a) and (b)
30 Subsection 17(2) 31 Subsection 17(2) 32 Subsection 17(3) 33 Paragraph 17(3)(a)
34 Subsection 17(5)
35 Subsection 18(4) 36 Subsections 19(5), (5A), (6), (6A), (7) and
(8)
37 Subsection 19(9) 38 Paragraph 19(9)(a) 39 Paragraph
19(9)(a)
40 Paragraph 19(9)(b) 41 Subsections 19(10) and (11)
42 Subsection 23(1)
43 Subparagraph 23(3)(a)(i) 44
Subparagraph 23(3)(a)(ii) 45 Paragraph
24(2)(b) 46 Section 25 47 Paragraph
25(d) 48 At the end of section 25 49 Section 27
50 Section 28 51 Subsection 29(1)
52 Paragraph 29(2)(a) 53 After paragraph 29(2)(a) 54 Subsection 29(6) 55 After paragraph 29(6)(a) 56 Subsection 29(7) 57 After paragraph 29(7)(a) 58 Paragraph 30(2)(a) 59 After paragraph 30(2)(a) 60 Subsection 30(2) 61
Subsection 30(3) 62 Subparagraph 30(3)(a)(i) 63 After subparagraph 30(3)(a)(i) 64 After section 30
65 Paragraphs 31(1)(b), (c) and (d)
66 Subsection 32(2) 67 After paragraph 32(2)(a) 68 Subsection 32(3) 69
Paragraph 33(1)(a) 70 Subsection 35(2) 71 Section 36
72 Section 37
73 Subsection 38(4) 74 After paragraph 38(4)(b) 75 Paragraph 38(4)(e) 76 After paragraph 38(4)(f) 78 At the end of section 41
79 Schedules 1 to 4
Schedule 1—1996 Protocol to the Convention
80 Subsection 19(2) 81
Subsection 29(3) Antarctic
Treaty means the Treaty concerning Antarctica, to which Australia is a party,
done at Washington on 1 December 1959.
artificial reef means a structure or formation
placed on the seabed:
controlled material means:
offending craft , in relation to an offence against
section 10F, means:
offending material means:
seriously harmful material means:
Torres Strait Treaty means the Treaty between
Australia and the Independent State of Papua New Guinea concerning Sovereignty
and Maritime Boundaries in the area between the two Countries, including the
area known as Torres Strait, and Related Matters done at Sydney on 18 December
1978.
unless:
Australia-Indonesia Delimitation Treaty means the Treaty between the
Government of Australia and the Government of the Republic of Indonesia
establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries
done at Perth on 14 March 1997.
if the dumping or incineration is in accordance with a permit granted in
accordance with the Protocol by a party to the Protocol (other than
Australia).
if the loading is in accordance with a permit granted in accordance with the
Protocol by a party to the Protocol (other than Australia).
and, in either case:
then the Minister may cause to be taken such steps as the Minister considers
proper to repair or remedy any condition, or to mitigate any damage, arising
from the occurrence.
regulated occurrence means any of the following:
the person is guilty of an offence punishable, on conviction, by imprisonment
for up to 2 years or a fine up to 120 penalty units, or both.
The following persons are inspectors, by force of this section:
that there are reasonable grounds for issuing the warrant, the magistrate may
complete and sign the same form of warrant as would be issued under section
30.
THE CONTRACTING PARTIES TO THIS
PROTOCOL ,
STRESSING the need to protect the marine environment and to promote the
sustainable use and conservation of marine resources,
NOTING in this regard the achievements within the framework of the Convention
on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,
1972 and especially the evolution towards approaches based on precaution and
prevention,
NOTING FURTHER the contribution in this regard by complementary regional and
national instruments which aim to protect the marine environment and which
take account of specific circumstances and needs of those regions and States,
REAFFIRMING the value of a global approach to these matters and in particular
the importance of continuing co-operation and collaboration between
Contracting Parties in implementing the Convention and the Protocol,
RECOGNIZING that it may be desirable to adopt, on a national or regional
level, more stringent measures with respect to prevention and elimination of
pollution of the marine environment from dumping at sea than are provided for
in international conventions or other types of agreements with a global scope,
TAKING INTO ACCOUNT relevant international agreements and actions, especially
the United Nations Convention on the Law of the Sea, 1982, the Rio Declaration
on Environment and Development and Agenda 21,
RECOGNIZING ALSO the interests and capacities of developing States and in
particular small island developing States,
BEING CONVINCED that further international action to prevent, reduce and where
practicable eliminate pollution of the sea caused by dumping can and must be
taken without delay to protect and preserve the marine environment and to
manage human activities in such a manner that the marine ecosystem will
continue to sustain the legitimate uses of the sea and will continue to meet
the needs of present and future generations,
HAVE AGREED as follows:
For the purposes of this
Protocol:
1 "Convention" means the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter, 1972, as amended.
2
"Organization" means the International Maritime Organization.
3
"Secretary-General" means the Secretary-General of the Organization.
4 .1
"Dumping" means:
.1 any deliberate disposal into the sea of wastes or other
matter from vessels, aircraft, platforms or other man-made structures at sea;
.2 any deliberate disposal into the sea of vessels, aircraft, platforms or
other man-made structures at sea;
.3 any storage of wastes or other matter in
the seabed and the subsoil thereof from vessels, aircraft, platforms or other
man-made structures at sea; and
.4 any abandonment or toppling at site of
platforms or other man-made structures at sea, for the sole purpose of
deliberate disposal.
.2 "Dumping" does not include:
.1 the disposal into the
sea of wastes or other matter incidental to, or derived from the normal
operations of vessels, aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter transported by or to
vessels, aircraft, platforms or other man-made structures at sea, operating
for the purpose of disposal of such matter or derived from the treatment of
such wastes or other matter on such vessels, aircraft, platforms or other
man-made structures;
.2 placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not contrary to the aims of
this Protocol; and
.3 notwithstanding paragraph 4.1.4, abandonment in the sea
of matter (e.g., cables, pipelines and marine research devices) placed for a
purpose other than the mere disposal thereof.
.3 The disposal or storage of
wastes or other matter directly arising from, or related to the exploration,
exploitation and associated off-shore processing of seabed mineral resources
is not covered by the provisions of this Protocol.
5 .1 "Incineration at sea"
means the combustion on board a vessel, platform or other man-made structure
at sea of wastes or other matter for the purpose of their deliberate disposal
by thermal destruction.
.2 "Incineration at sea" does not include the incineration of wastes or other
matter on board a vessel, platform, or other man-made structure at sea if such
wastes or other matter were generated during the normal operation of that
vessel, platform or other man-made structure at sea.
6 "Vessels and aircraft"
means waterborne or airborne craft of any type whatsoever. This expression
includes air-cushioned craft and floating craft, whether self-propelled or
not.
7 "Sea" means all marine waters other than the internal waters of
States, as well as the seabed and the subsoil thereof; it does not include
sub-seabed repositories accessed only from land.
8 "Wastes or other matter"
means material and substance of any kind, form or description.
9 "Permit"
means permission granted in advance and in accordance with relevant measures
adopted pursuant to article 4.1.2 or 8.2.
10 "Pollution" means the
introduction, directly or indirectly, by human activity, of wastes or other
matter into the sea which results or is likely to result in such deleterious
effects as harm to living resources and marine ecosystems, hazards to human
health, hindrance to marine activities, including fishing and other legitimate
uses of the sea, impairment of quality for use of sea water and reduction of
amenities.
Contracting Parties shall individually and
collectively protect and preserve the marine environment from all sources of
pollution and take effective measures, according to their scientific,
technical and economic capabilities, to prevent, reduce and where practicable
eliminate pollution caused by dumping or incineration at sea of wastes or
other matter. Where appropriate, they shall harmonize their policies in this
regard.
1 In implementing this Protocol,
Contracting Parties shall apply a precautionary approach to environmental
protection from dumping of wastes or other matter whereby appropriate
preventative measures are taken when there is reason to believe that wastes or
other matter introduced into the marine environment are likely to cause harm
even when there is no conclusive evidence to prove a causal relation between
inputs and their effects.
2 Taking into account the approach that the
polluter should, in principle, bear the cost of pollution, each Contracting
Party shall endeavour to promote practices whereby those it has authorized to
engage in dumping or incineration at sea bear the cost of meeting the
pollution prevention and control requirements for the authorized activities,
having due regard to the public interest.
3 In implementing the provisions of
this Protocol, Contracting Parties shall act so as not to transfer, directly
or indirectly, damage or likelihood of damage from one part of the environment
to another or transform one type of pollution into another.
4 No provision of
this Protocol shall be interpreted as preventing Contracting Parties from
taking, individually or jointly, more stringent measures in accordance with
international law with respect to the prevention, reduction and where
practicable elimination of pollution.
1 .1 Contracting Parties shall prohibit the dumping of any wastes or
other matter with the exception of those listed in Annex 1.
.2 The dumping of wastes or other matter listed in Annex 1 shall require a
permit. Contracting Parties shall adopt administrative or legislative measures
to ensure that issuance of permits and permit conditions comply with
provisions of Annex 2. Particular attention shall be paid to opportunities to
avoid dumping in favour of environmentally preferable alternatives.
2 No
provision of this Protocol shall be interpreted as preventing a Contracting
Party from prohibiting, insofar as that Contracting Party is concerned, the
dumping of wastes or other matter mentioned in Annex 1. That Contracting Party
shall notify the Organization of such measures.
Contracting Parties shall prohibit incineration at sea of wastes or other
matter.
Contracting Parties
shall not allow the export of wastes or other matter to other countries for
dumping or incineration at sea.
1 Notwithstanding
any other provision of this Protocol, this Protocol shall relate to internal
waters only to the extent provided for in paragraphs 2 and 3.
2 Each
Contracting Party shall at its discretion either apply the provisions of this
Protocol or adopt other effective permitting and regulatory measures to
control the deliberate disposal of wastes or other matter in marine internal
waters where such disposal would be "dumping" or "incineration at sea" within
the meaning of article 1, if conducted at sea.
3 Each Contracting Party
should provide the Organization with information on legislation and
institutional mechanisms regarding implementation, compliance and enforcement
in marine internal waters. Contracting Parties should also use their best
efforts to provide on a voluntary basis summary reports on the type and nature
of the materials dumped in marine internal waters.
1
The provisions of articles 4.1 and 5 shall not apply when it is necessary to
secure the safety of human life or of vessels, aircraft, platforms or other
man-made structures at sea in cases of force majeure caused by stress of
weather, or in any case which constitutes a danger to human life or a real
threat to vessels, aircraft, platforms or other man-made structures at sea, if
dumping or incineration at sea appears to be the only way of averting the
threat and if there is every probability that the damage consequent upon such
dumping or incineration at sea will be less than would otherwise occur. Such
dumping or incineration at sea shall be conducted so as to minimize the
likelihood of damage to human or marine life and shall be reported forthwith
to the Organization.
2 A Contracting Party may issue a permit as an exception
to articles 4.1 and 5, in emergencies posing an unacceptable threat to human
health, safety, or the marine environment and admitting of no other feasible
solution. Before doing so the Contracting Party shall consult any other
country or countries that are likely to be affected and the Organization
which, after consulting other Contracting Parties, and competent international
organizations as appropriate, shall, in accordance with article 18.6 promptly
recommend to the Contracting Party the most appropriate procedures to adopt.
The Contracting Party shall follow these recommendations to the maximum extent
feasible consistent with the time within which action must be taken and with
the general obligation to avoid damage to the marine environment and shall
inform the Organization of the action it takes. The Contracting Parties pledge
themselves to assist one another in such situations.
3 Any Contracting Party
may waive its rights under paragraph 2 at the time of, or subsequent to
ratification of, or accession to this Protocol.
1 Each Contracting Party shall designate an appropriate
authority or authorities to:
.1 issue permits in accordance with this
Protocol;
.2 keep records of the nature and quantities of all wastes or other
matter for which dumping permits have been issued and where practicable the
quantities actually dumped and the location, time and method of dumping; and
.3 monitor individually, or in collaboration with other Contracting Parties
and competent international organizations, the condition of the sea for the
purposes of this Protocol.
2 The appropriate authority or authorities of a
Contracting Party shall issue permits in accordance with this Protocol in
respect of wastes or other matter intended for dumping or, as provided for in
article 8.2, incineration at sea:
.1 loaded in its territory; and
.2 loaded
onto a vessel or aircraft registered in its territory or flying its flag, when
the loading occurs in the territory of a State not a Contracting Party to this
Protocol.
3 In issuing permits, the appropriate authority or authorities
shall comply with the requirements of article 4, together with such additional
criteria, measures and requirements as they may consider relevant.
4 Each
Contracting Party, directly or through a secretariat established under a
regional agreement, shall report to the Organization and where appropriate to
other Contracting Parties:
.1 the information specified in paragraphs 1.2 and 1.3;
.2 the administrative
and legislative measures taken to implement the provisions of this Protocol,
including a summary of enforcement measures; and
.3 the effectiveness of the
measures referred to in paragraph 4.2 and any problems encountered in their
application.
The information referred to in paragraphs 1.2 and 1.3 shall be
submitted on an annual basis. The information referred to in paragraphs 4.2
and 4.3 shall be submitted on a regular basis.
5 Reports submitted under
paragraphs 4.2 and 4.3 shall be evaluated by an appropriate subsidiary body as
determined by the Meeting of Contracting Parties. This body will report its
conclusions to an appropriate Meeting or Special Meeting of Contracting
Parties.
1 Each Contracting Party
shall apply the measures required to implement this Protocol to all:
.1
vessels and aircraft registered in its territory or flying its flag;
.2
vessels and aircraft loading in its territory the wastes or other matter which
are to be dumped or incinerated at sea; and
.3 vessels, aircraft and
platforms or other man-made structures believed to be engaged in dumping or
incineration at sea in areas within which it is entitled to exercise
jurisdiction in accordance with international law.
2 Each Contracting Party
shall take appropriate measures in accordance with international law to
prevent and if necessary punish acts contrary to the provisions of this
Protocol.
3 Contracting Parties agree to co-operate in the development of
procedures for the effective application of this Protocol in areas beyond the
jurisdiction of any State, including procedures for the reporting of vessels
and aircraft observed dumping or incinerating at sea in contravention of this
Protocol.
4 This Protocol shall not apply to those vessels and aircraft
entitled to sovereign immunity under international law. However, each
Contracting Party shall ensure by the adoption of appropriate measures that
such vessels and aircraft owned or operated by it act in a manner consistent
with the object and purpose of this Protocol and shall inform the Organization
accordingly.
5 A State may, at the time it expresses its consent to be bound
by this Protocol, or at any time thereafter, declare that it shall apply the
provisions of this Protocol to its vessels and aircraft referred to in
paragraph 4, recognising that only that State may enforce those provisions
against such vessels and aircraft.
1 No
later than two years after the entry into force of this Protocol, the Meeting
of Contracting Parties shall establish those procedures and mechanisms
necessary to assess and promote compliance with this Protocol. Such procedures
and mechanisms shall be developed with a view to allowing for the full and
open exchange of information, in a constructive manner.
2 After full
consideration of any information submitted pursuant to this Protocol and any
recommendations made through procedures or mechanisms established under
paragraph 1, the Meeting of Contracting Parties may offer advice, assistance
or co-operation to Contracting Parties and non-Contracting Parties.
In order to further the objectives of this
Protocol, Contracting Parties with common interests to protect the marine
environment in a given geographical area shall endeavour, taking into account
characteristic regional features, to enhance regional co-operation including
the conclusion of regional agreements consistent with this Protocol for the
prevention, reduction and where practicable elimination of pollution caused by
dumping or incineration at sea of wastes or other matter. Contracting Parties
shall seek to co-operate with the parties to regional agreements in order to
develop harmonized procedures to be followed by Contracting Parties to the
different conventions concerned.
1 Contracting Parties shall, through collaboration within the
Organization and in co-ordination with other competent international
organizations, promote bilateral and multilateral support for the prevention,
reduction and where practicable elimination of pollution caused by dumping as
provided for in this Protocol to those Contracting Parties that request it
for:
.1 training of scientific and technical personnel for research,
monitoring and enforcement, including as appropriate the supply of necessary
equipment and facilities, with a view to strengthening national capabilities;
.2 advice on implementation of this Protocol;
.3 information and technical
co-operation relating to waste minimization and clean production processes;
.4 information and technical co-operation relating to the disposal and
treatment of waste and other measures to prevent, reduce and where practicable
eliminate pollution caused by dumping; and
.5 access to and transfer of
environmentally sound technologies and corresponding know- how, in particular
to developing countries and countries in transition to market economies, on
favourable terms, including on concessional and preferential terms, as
mutually agreed, taking into account the need to protect intellectual property
rights as well as the special needs of developing countries and countries in
transition to market economies.
2 The Organization shall perform the
following functions:
.1 forward requests from Contracting Parties for
technical co-operation to other Contracting Parties, taking into account such
factors as technical capabilities;
.2 co-ordinate requests for assistance with other competent international
organizations, as appropriate; and
.3 subject to the availability of adequate
resources, assist developing countries and those in transition to market
economies, which have declared their intention to become Contracting Parties
to this Protocol, to examine the means necessary to achieve full
implementation.
1 Contracting
Parties shall take appropriate measures to promote and facilitate scientific
and technical research on the prevention, reduction and where practicable
elimination of pollution by dumping and other sources of marine pollution
relevant to this Protocol. In particular, such research should include
observation, measurement, evaluation and analysis of pollution by scientific
methods.
2 Contracting Parties shall, to achieve the objectives of this
Protocol, promote the availability of relevant information to other
Contracting Parties who request it on:
.1 scientific and technical activities
and measures undertaken in accordance with this Protocol;
.2 marine
scientific and technological programmes and their objectives; and
.3 the
impacts observed from the monitoring and assessment conducted pursuant to
article 9.1.3.
In accordance with
the principles of international law regarding State responsibility for damage
to the environment of other States or to any other area of the environment,
the Contracting Parties undertake to develop procedures regarding liability
arising from the dumping or incineration at sea of wastes or other matter.
1 Any disputes regarding the
interpretation or application of this Protocol shall be resolved in the first
instance through negotiation, mediation or conciliation, or other peaceful
means chosen by parties to the dispute.
2 If no resolution is possible within
twelve months after one Contracting Party has notified another that a dispute
exists between them, the dispute shall be settled, at the request of a party
to the dispute, by means of the Arbitral Procedure set forth in Annex 3,
unless the parties to the dispute agree to use one of the procedures listed in
paragraph 1 of Article 287 of the 1982 United Nations Convention on the Law of
the Sea. The parties to the dispute may so agree, whether or not they are also
States Parties to the 1982 United Nations Convention on the Law of the Sea.
3
In the event an agreement to use one of the procedures listed in paragraph 1
of Article 287 of the 1982 United Nations Convention on the Law of the Sea is
reached, the provisions set forth in Part XV of that Convention that are
related to the chosen procedure would also apply, mutatis mutandis .
4 The
twelve month period referred to in paragraph 2 may be extended for another
twelve months by mutual consent of the parties concerned.
5 Notwithstanding
paragraph 2, any State may, at the time it expresses its consent to be bound
by this Protocol, notify the Secretary-General that, when it is a party to a
dispute about the interpretation or application of article 3.1 or 3.2, its
consent will be required before the dispute may be settled by means of the
Arbitral Procedure set forth in Annex 3.
Contracting Parties shall promote the objectives of this
Protocol within the competent international organizations.
1 Meetings of Contracting Parties or Special
Meetings of Contracting Parties shall keep under continuing review the
implementation of this Protocol and evaluate its effectiveness with a view to
identifying means of strengthening action, where necessary, to prevent, reduce
and where practicable eliminate pollution caused by dumping and incineration
at sea of wastes or other matter. To these ends, Meetings of Contracting
Parties or Special Meetings of Contracting Parties may:
.1 review and adopt
amendments to this Protocol in accordance with articles 21 and 22;
.2
establish subsidiary bodies, as required, to consider any matter with a view
to facilitating the effective implementation of this Protocol;
.3 invite
appropriate expert bodies to advise the Contracting Parties or the
Organization on matters relevant to this Protocol;
.4 promote co-operation
with competent international organizations concerned with the prevention and
control of pollution;
.5 consider the information made available pursuant to
article 9.4;
.6 develop or adopt, in consultation with competent
international organizations, procedures referred to in article 8.2, including
basic criteria for determining exceptional and emergency situations, and
procedures for consultative advice and the safe disposal of matter at sea in
such circumstances;
.7 consider and adopt resolutions; and
.8 consider any additional action that
may be required.
2 The Contracting Parties at their first Meeting shall
establish rules of procedure as necessary.
1 The Organization shall be responsible for Secretariat duties
in relation to this Protocol. Any Contracting Party to this Protocol not being
a member of this Organization shall make an appropriate contribution to the
expenses incurred by the Organization in performing these duties.
2
Secretariat duties necessary for the administration of this Protocol include:
.1 convening Meetings of Contracting Parties once per year, unless otherwise
decided by Contracting Parties, and Special Meetings of Contracting Parties at
any time on the request of two-thirds of the Contracting Parties;
.2
providing advice on request on the implementation of this Protocol and on
guidance and procedures developed thereunder;
.3 considering enquiries by,
and information from Contracting Parties, consulting with them and with the
competent international organizations, and providing recommendations to
Contracting Parties on questions related to, but not specifically covered by,
this Protocol;
.4 preparing and assisting, in consultation with Contracting
Parties and the competent international organizations, in the development and
implementation of procedures referred to in article 18.6.;
.5 conveying to
the Contracting Parties concerned all notifications received by the
Organization in accordance with this Protocol; and
.6 preparing, every two
years, a budget and a financial account for the administration of this
Protocol which shall be distributed to all Contracting Parties.
3 The
Organization shall, subject to the availability of adequate resources, in
addition to the requirements set out in article 13.2.3.
.1 collaborate in
assessments of the state of the marine environment; and
.2 co-operate with
competent international organizations concerned with the prevention and
control of pollution.
Annexes to this Protocol form an integral part of this Protocol.
1 Any Contracting Party may propose amendments to
the articles of this Protocol. The text of a proposed amendment shall be
communicated to Contracting Parties by the Organization at least six months
prior to its consideration at a Meeting of Contracting Parties or a Special
Meeting of Contracting Parties.
2 Amendments to the articles of this Protocol
shall be adopted by a two-thirds majority vote of the Contracting Parties
which are present and voting at the Meeting of Contracting Parties or Special
Meeting of Contracting Parties designated for this purpose.
3 An amendment
shall enter into force for the Contracting Parties which have accepted it on
the sixtieth day after two-thirds of the Contracting Parties shall have
deposited an instrument of acceptance of the amendment with the Organization.
Thereafter the amendment shall enter into force for any other Contracting
Party on the sixtieth day after the date on which that Contracting Party has
deposited its instrument of acceptance of the amendment.
4 The
Secretary-General shall inform Contracting Parties of any amendments adopted
at Meetings of Contracting Parties and of the date on which such amendments
enter into force generally and for each Contracting Party.
5 After entry into
force of an amendment to this Protocol, any State that becomes a Contracting
Party to this Protocol shall become a Contracting Party to this Protocol as
amended, unless two-thirds of the Contracting Parties present and voting at
the Meeting or Special Meeting of Contracting Parties adopting the amendment
agree otherwise.
1 Any Contracting
Party may propose amendments to the Annexes to this Protocol. The text of a
proposed amendment shall be communicated to Contracting Parties by the
Organization at least six months prior to its consideration at a Meeting of
Contracting Parties or Special Meeting of Contracting Parties.
2 Amendments
to the Annexes other than Annex 3 will be based on scientific or technical
considerations and may take into account legal, social and economic factors as
appropriate. Such amendments shall be adopted by a two-thirds majority vote of
the Contracting Parties present and voting at a Meeting of Contracting Parties
or Special Meeting of Contracting Parties designated for this purpose.
3 The
Organization shall without delay communicate to Contracting Parties amendments
to the Annexes that have been adopted at a Meeting of Contracting Parties or
Special Meeting of Contracting Parties.
4 Except as provided in paragraph 7,
amendments to the Annexes shall enter into force for each Contracting Party
immediately on notification of its acceptance to the Organization or 100 days
after the date of their adoption at a Meeting of Contracting Parties, if that
is later, except for those Contracting Parties which before the end of the 100
days make a declaration that they are not able to accept the amendment at that
time. A Contracting Party may at any time substitute an acceptance for a
previous declaration of objection and the amendment previously objected to
shall thereupon enter into force for that Contracting Party.
5 The
Secretary-General shall without delay notify Contracting Parties of
instruments of acceptance or objection deposited with the Organization.
6 A
new Annex or an amendment to an Annex which is related to an amendment to the
articles of this Protocol shall not enter into force until such time as the
amendment to the articles of this Protocol enters into force.
7 With regard
to amendments to Annex 3 concerning the Arbitral Procedure and with regard to
the adoption and entry into force of new Annexes the procedures on amendments
to the articles of this Protocol shall apply.
This Protocol will supersede the
Convention as between Contracting Parties to this Protocol which are also
Parties to the Convention.
1 This Protocol shall be open for signature by any
State at the Headquarters of the Organization from 1 April 1997 to 31 March
1998 and shall thereafter remain open for accession by any State.
2 States
may become Contracting Parties to this Protocol by:
.1 signature not subject
to ratification, acceptance or approval; or
.2 signature subject to
ratification, acceptance or approval, followed by ratification, acceptance or
approval; or
.3 accession.
3 Ratification, acceptance, approval or accession
shall be effected by the deposit of an instrument to that effect with the
Secretary-General.
1 This Protocol shall enter
into force on the thirtieth day following the date on which:
.1 at least 26
States have expressed their consent to be bound by this Protocol in accordance
with article 24; and
.2 at least 15 Contracting Parties to the Convention are
included in the number of States referred to in paragraph 1.1.
2 For each
State that has expressed its consent to be bound by this Protocol in
accordance with article 24 following the date referred to in paragraph 1, this
Protocol shall enter into force on the thirtieth day after the date on which
such State expressed its consent.
1 Any
State that was not a Contracting Party to the Convention before 31 December
1996 and that expresses its consent to be bound by this Protocol prior to its
entry into force or within five years after its entry into force may, at the
time it expresses its consent, notify the Secretary-General that, for reasons
described in the notification, it will not be able to comply with specific
provisions of this Protocol other than those provided in paragraph 2, for a
transitional period that shall not exceed that described in paragraph 4.
2 No
notification made under paragraph 1 shall affect the obligations of a
Contracting Party to this Protocol with respect to incineration at sea or the
dumping of radioactive wastes or other radioactive matter.
3 Any Contracting
Party to this Protocol that has notified the Secretary-General under paragraph
1 that, for the specified transitional period, it will not be able to comply,
in part or in whole, with article 4.1 or article 9 shall nonetheless during
that period prohibit the dumping of wastes or other matter for which it has
not issued a permit, use its best efforts to adopt administrative or
legislative measures to ensure that issuance of permits and permit conditions
comply with the provisions of Annex 2, and notify the Secretary-General of any
permits issued.
4 Any transitional period specified in a notification made
under paragraph 1 shall not extend beyond five years after such notification
is submitted.
5 Contracting Parties that have made a notification under
paragraph 1 shall submit to the first Meeting of Contracting Parties occurring
after deposit of their instrument of ratification, acceptance, approval or
accession a programme and timetable to achieve full compliance with this
Protocol, together with any requests for relevant technical co-operation and
assistance in accordance with article 13 of this Protocol.
6 Contracting
Parties that have made a notification under paragraph 1 shall establish
procedures and mechanisms for the transitional period to implement and monitor
submitted programmes designed to achieve full compliance with this Protocol. A
report on progress toward compliance shall be submitted by such Contracting
Parties to each Meeting of Contracting Parties held during their transitional
period for appropriate action.
1 Any Contracting
Party may withdraw from this Protocol at any time after the expiry of two
years from the date on which this Protocol enters into force for that
Contracting Party.
2 Withdrawal shall be effected by the deposit of an
instrument of withdrawal with the Secretary-General.
3 A withdrawal shall
take effect one year after receipt by the Secretary-General of the instrument
of withdrawal or such longer period as may be specified in that instrument.
1 This Protocol shall be deposited with the
Secretary-General.
2 In addition to the functions specified in articles 10.5,
16.5, 21.4, 22.5 and 26.5, the Secretary-General shall:
.1 inform all States
which have signed this Protocol or acceded thereto of:
.1 each new signature
or deposit of an instrument of ratification, acceptance, approval or
accession, together with the date thereof;
.2 the date of entry into force of
this Protocol; and
.3 the deposit of any instrument of withdrawal from this
Protocol together with the date on which it was received and the date on which
the withdrawal takes effect;
.2 transmit certified copies of this Protocol to
all States which have signed this Protocol or acceded thereto.
3 As soon as
this Protocol enters into force, a certified true copy thereof shall be
transmitted by the Secretary-General to the Secretariat of the United Nations
for registration and publication in accordance with Article 102 of the Charter
of the United Nations.
This Protocol is
established in a single original in the Arabic, Chinese, English, French,
Russian and Spanish languages, each text being equally authentic.
IN WITNESS
WHEREOF the undersigned being duly authorized by their respective Governments
for that purpose have signed this Protocol.
[ Signatures omitted ]
DONE AT
LONDON, this seventh day of November, one thousand nine hundred and
ninety-six.
1 The following wastes or other matter are those that may be
considered for dumping being mindful of the Objectives and General Obligations
of this Protocol set out in articles 2 and 3:
.1 dredged material;
.2 sewage
sludge;
.3 fish waste, or material resulting from industrial fish processing
operations;
.4 vessels and platforms or other man-made structures at sea;
.5
inert, inorganic geological material;
.6 organic material of natural origin;
and
.7 bulky items primarily comprising iron, steel, concrete and similarly
unharmful materials for which the concern is physical impact, and limited to
those circumstances where such wastes are generated at locations, such as
small islands with isolated communities, having no practicable access to
disposal options other than dumping.
2 The wastes or other matter listed in
paragraphs 1.4 and 1.7 may be considered for dumping, provided that material
capable of creating floating debris or otherwise contributing to pollution of
the marine environment has been removed to the maximum extent and provided
that the material dumped poses no serious obstacle to fishing or navigation.
3 Notwithstanding the above, materials listed in paragraphs 1.1 to 1.7
containing levels of radioactivity greater than de minimis (exempt)
concentrations as defined by the IAEA and adopted by Contracting Parties,
shall not be considered eligible for dumping; provided further that within 25
years of 20 February 1994, and at each 25 year interval thereafter,
Contracting Parties shall complete a scientific study relating to all
radioactive wastes and other radioactive matter other than high level wastes
or matter, taking into account such other factors as Contracting Parties
consider appropriate and shall review the prohibition on dumping of such
substances in accordance with the procedures set forth in article 22.
1 The acceptance of dumping under certain circumstances shall not
remove the obligations under this Annex to make further attempts to reduce the
necessity for dumping.
2 The initial stages in
assessing alternatives to dumping should, as appropriate, include an
evaluation of:
.1 types, amounts and relative hazard of wastes generated;
.2 details of the production process and the sources of wastes within that
process; and
.3 feasibility of the following waste reduction/prevention techniques:
.1
product reformulation;
.2 clean production technologies;
.3 process
modification;
.4 input substitution; and
.5 on-site, closed-loop recycling.
3 In general terms, if the required audit reveals that opportunities exist for
waste prevention at source, an applicant is expected to formulate and
implement a waste prevention strategy, in collaboration with relevant local
and national agencies, which includes specific waste reduction targets and
provision for further waste prevention audits to ensure that these targets are
being met. Permit issuance or renewal decisions shall assure compliance with
any resulting waste reduction and prevention requirements.
4 For dredged
material and sewage sludge, the goal of waste management should be to identify
and control the sources of contamination. This should be achieved through
implementation of waste prevention strategies and requires collaboration
between the relevant local and national agencies involved with the control of
point and non-point sources of pollution. Until this objective is met, the
problems of contaminated dredged material may be addressed by using disposal
management techniques at sea or on land.
5 Applications to dump wastes or other matter shall demonstrate that
appropriate consideration has been given to the following hierarchy of waste
management options, which implies an order of increasing environmental impact:
.1 re-use;
.2 off-site recycling;
.3 destruction of hazardous constituents;
.4 treatment to reduce or remove the hazardous constituents; and
.5 disposal
on land, into air and in water.
6 A permit to dump wastes or other matter
shall be refused if the permitting authority determines that appropriate
opportunities exist to re-use, recycle or treat the waste without undue risks
to human health or the environment or disproportionate costs. The practical
availability of other means of disposal should be considered in the light of a
comparative risk assessment involving both dumping and the alternatives.
7 A detailed description and
characterization of the waste is an essential precondition for the
consideration of alternatives and the basis for a decision as to whether a
waste may be dumped. If a waste is so poorly characterized that proper
assessment cannot be made of its potential impacts on human health and the
environment, that waste shall not be dumped.
8 Characterization of the wastes
and their constituents shall take into account:
.1 origin, total amount, form
and average composition;
.2 properties: physical, chemical, biochemical and
biological;
.3 toxicity;
.4 persistence: physical, chemical and biological;
and
.5 accumulation and biotransformation in biological materials or
sediments.
9 Each Contracting Party shall develop a national
Action List to provide a mechanism for screening candidate wastes and their
constituents on the basis of their potential effects on human health and the
marine environment. In selecting substances for consideration in an Action
List, priority shall be given to toxic, persistent and bioaccumulative
substances from anthropogenic sources (e.g., cadmium, mercury, organohalogens,
petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc,
beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides,
fluorides and pesticides or their by-products other than organohalogens). An
Action List can also be used as a trigger mechanism for further waste
prevention considerations.
10 An Action List shall specify an upper level and
may also specify a lower level. The upper level should be set so as to avoid
acute or chronic effects on human health or on sensitive marine organisms
representative of the marine ecosystem. Application of an Action List will
result in three possible categories of waste:
.1 wastes which contain
specified substances, or which cause biological responses, exceeding the
relevant upper level shall not be dumped, unless made acceptable for dumping
through the use of management techniques or processes;
.2 wastes which contain specified substances, or which cause biological
responses, below the relevant lower levels should be considered to be of
little environmental concern in relation to dumping; and
.3 wastes which
contain specified substances, or which cause biological responses, below the
upper level but above the lower level require more detailed assessment before
their suitability for dumping can be determined.
11
Information required to select a dump-site shall include:
.1 physical,
chemical and biological characteristics of the water-column and the seabed;
.2 location of amenities, values and other uses of the sea in the area under
consideration;
.3 assessment of the constituent fluxes associated with
dumping in relation to existing fluxes of substances in the marine
environment; and
.4 economic and operational feasibility.
12 Assessment of potential effects should lead to a concise
statement of the expected consequences of the sea or land disposal options,
i.e., the "Impact Hypothesis". It provides a basis for deciding whether to
approve or reject the proposed disposal option and for defining environmental
monitoring requirements.
13 The assessment for dumping should integrate
information on waste characteristics, conditions at the proposed dump-site(s),
fluxes, and proposed disposal techniques and specify the potential effects on
human health, living resources, amenities and other legitimate uses of the
sea. It should define the nature, temporal and spatial scales and duration of
expected impacts based on reasonably conservative assumptions.
14 An analysis
of each disposal option should be considered in the light of a comparative
assessment of the following concerns: human health risks, environmental costs,
hazards, (including accidents), economics and exclusion of future uses. If
this assessment reveals that adequate information is not available to
determine the likely effects of the proposed disposal option then this option
should not be considered further. In addition, if the interpretation of the
comparative assessment shows the dumping option to be less preferable, a
permit for dumping should not be given.
15 Each assessment should conclude
with a statement supporting a decision to issue or refuse a permit for
dumping.
16 Monitoring is used to verify that permit conditions
are met - compliance monitoring - and that the assumptions made during the
permit review and site selection process were correct and sufficient to
protect the environment and human health - field monitoring. It is essential
that such monitoring programmes have clearly defined objectives.
17 A decision to issue a permit should only be made if all
impact evaluations are completed and the monitoring requirements are
determined. The provisions of the permit shall ensure, as far as practicable,
that environmental disturbance and detriment are minimized and the benefits
maximized. Any permit issued shall contain data and information specifying:
.1 the types and sources of materials to be dumped;
.2 the location of the
dump-site(s);
.3 the method of dumping; and
.4 monitoring and reporting
requirements.
18 Permits should be reviewed at regular intervals, taking into
account the results of monitoring and the objectives of monitoring programmes.
Review of monitoring results will indicate whether field programmes need to be
continued, revised or terminated and will contribute to informed decisions
regarding the continuance, modification or revocation of permits. This
provides an important feedback mechanism for the protection of human health
and the marine environment.
1 An
Arbitral Tribunal (hereinafter referred to as the "Tribunal") shall be
established upon the request of a Contracting Party addressed to another
Contracting Party in application of article 16 of this Protocol. The request
for arbitration shall consist of a statement of the case together with any
supporting documents.
2 The requesting Contracting Party shall inform the
Secretary-General of:
.1 its request for arbitration; and
.2 the provisions of this Protocol the
interpretation or application of which is, in its opinion, the subject of
disagreement.
3 The Secretary-General shall transmit this information to all
Contracting States.
1 The Tribunal shall consist of a single
arbitrator if so agreed between the parties to the dispute within 30 days from
the date of receipt of the request for arbitration.
2 In the case of the
death, disability or default of the arbitrator, the parties to a dispute may
agree upon a replacement within 30 days of such death, disability or default.
1 Where the parties to a dispute do not agree upon a Tribunal in
accordance with article 2 of this Annex, the Tribunal shall consist of three
members:
.1 one arbitrator nominated by each party to the dispute; and
.2 a third
arbitrator who shall be nominated by agreement between the two first named and
who shall act as its Chairman.
2 If the Chairman of a Tribunal is not
nominated within 30 days of nomination of the second arbitrator, the parties
to a dispute shall, upon the request of one party, submit to the
Secretary-General within a further period of 30 days an agreed list of
qualified persons. The Secretary-General shall select the Chairman from such
list as soon as possible. He shall not select a Chairman who is or has been a
national of one party to the dispute except with the consent of the other
party to the dispute.
3 If one party to a dispute fails to nominate an
arbitrator as provided in paragraph 1.1 within 60 days from the date of
receipt of the request for arbitration, the other party may request the
submission to the Secretary-General within a period of 30 days of an agreed
list of qualified persons. The Secretary-General shall select the Chairman of
the Tribunal from such list as soon as possible. The Chairman shall then
request the party which has not nominated an arbitrator to do so. If this
party does not nominate an arbitrator within 15 days of such request, the
Secretary-General shall, upon request of the Chairman, nominate the arbitrator
from the agreed list of qualified persons.
4 In the case of the death,
disability or default of an arbitrator, the party to the dispute who nominated
him shall nominate a replacement within 30 days of such death, disability or
default. If the party does not nominate a replacement, the arbitration shall
proceed with the remaining arbitrators. In the case of the death, disability
or default of the Chairman, a replacement shall be nominated in accordance
with the provision of paragraphs 1.2 and 2 within 90 days of such death,
disability or default.
5 A list of arbitrators shall be maintained by the
Secretary-General and composed of qualified persons nominated by the
Contracting Parties. Each Contracting Party may designate for inclusion in the
list four persons who shall not necessarily be its nationals. If the parties
to the dispute have failed within the specified time limits to submit to the
Secretary-General an agreed list of qualified persons as provided for in
paragraphs 2, 3 and 4, the Secretary-General shall select from the list
maintained by him the arbitrator or arbitrators not yet nominated.
The Tribunal may hear and determine counter-claims arising directly out of the
subject matter of the dispute.
Each party to the dispute shall be
responsible for the costs entailed by the preparation of its own case. The
remuneration of the members of the Tribunal and of all general expenses
incurred by the arbitration shall be borne equally by the parties to the
dispute. The Tribunal shall keep a record of all its expenses and shall
furnish a final statement thereof to the parties.
Any Contracting
Party which has an interest of a legal nature which may be affected by the
decision in the case may, after giving written notice to the parties to the
dispute which have originally initiated the procedure, intervene in the
arbitration procedure with the consent of the Tribunal and at its own expense.
Any such intervenor shall have the right to present evidence, briefs and oral
argument on the matters giving rise to its intervention, in accordance with
procedures established pursuant to article 7 of this Annex, but shall have no
rights with respect to the composition of the Tribunal.
A Tribunal
established under the provisions of this Annex shall decide its own rules of
procedure.
1 Unless a Tribunal consists of a single arbitrator,
decisions of the Tribunal as to its procedure, its place of meeting, and any
question related to the dispute laid before it, shall be taken by majority
vote of its members. However, the absence or abstention of any member of the
Tribunal who was nominated by a party to the dispute shall not constitute an
impediment to the Tribunal reaching a decision. In case of equal voting, the
vote of the Chairman shall be decisive.
2 The parties to the dispute shall
facilitate the work of the Tribunal and in particular shall, in accordance
with their legislation and using all means at their disposal:
.1 provide the Tribunal with all necessary documents and information; and
.2
enable the Tribunal to enter their territory, to hear witnesses or experts,
and to visit the scene.
3 The failure of a party to the dispute to comply
with the provisions of paragraph 2 shall not preclude the Tribunal from
reaching a decision and rendering an award.
The Tribunal shall
render its award within five months from the time it is established unless it
finds it necessary to extend that time limit for a period not to exceed five
months. The award of the Tribunal shall be accompanied by a statement of
reasons for the decision. It shall be final and without appeal and shall be
communicated to the Secretary-General who shall inform the Contracting
Parties. The parties to the dispute shall immediately comply with the award.
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