Commonwealth Numbered Acts

PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 No. 33, 1981 - SCHEDULE 2

SCHEDULE 2

PROTOCOL RELATING TO INTERVENTION ON THE
HIGH SEAS IN CASES OF POLLUTION
BY SUBSTANCES OTHER THAN OIL, 1973 THE PARTIES TO THE PRESENT PROTOCOL,

BEING PARTIES to the International Convention relating to Intervention on the
High Seas in Cases of Oil Pollution Casualties, done at Brussels on 29
November 1969,

TAKING INTO ACCOUNT the Resolution on International Co-operation Concerning
Pollutants other than Oil adopted by the International Legal Conference on
Marine Pollution Damage, 1969,

FURTHER TAKING INTO ACCOUNT that pursuant to the Resolution, the Inter-
Governmental Maritime Consultative Organization has intensified its work, in
collaboration with all interested international organizations, on all aspects
of pollution by substances other than oil,

HAVE AGREED as follows:

ARTICLE I 1. Parties to the present Protocol may take such measures on the
high seas as may be necessary to prevent, mitigate or eliminate grave and
imminent danger to their coastline or related interests from pollution or
threat of pollution by substances other than oil following upon a maritime
casualty or acts related to such a casualty, which may reasonably be expected
to result in major harmful consequences. 2. "Substances other than oil" as
referred to in paragraph 1 shall be:

   (a)  those substances enumerated in a list which shall be established by an
        appropriate body designated by the Organization and which shall be
        annexed to the present Protocol, and

   (b)  those other substances which are liable to create hazards to human
        health, to harm living resources and marine life, to damage amenities
        or to interfere with other legitimate uses of the sea. 3. Whenever an
        intervening Party takes action with regard to a substance referred to
        in paragraph 2 (b) above that Party shall have the burden of
        establishing that the substance, under the circumstances present at
        the time of the intervention, could reasonably pose a grave and
        imminent danger analogous to that posed by any of the substances
        enumerated in the list referred to in paragraph 2 (a) above.

ARTICLE II 1. The provisions of paragraph 2 of Article I and of Articles II to
VIII of the Convention Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969, and the Annex thereto as they relate to oil,
shall be applicable with regard to the substances referred to in Article I of
the present Protocol. 2. For the purpose of the present Protocol the list of
experts referred to in Articles III (c) and IV of the Convention shall be
extended to include experts qualified to give advice in relation to substances
other than oil. Nominations to the list may be made by Member States of the
Organization and by Parties to the present Protocol.

ARTICLE III 1. The list referred to in paragraph 2 (a) of Article I shall be
maintained by the appropriate body designated by the Organization. 2. Any
amendment to the list proposed by a Party to the present Protocol shall be
submitted to the Organization and circulated by it to all Members of the
Organization and all Parties to the present Protocol at least three months
prior to its consideration by the appropriate body. 3. Parties to the present
Protocol whether or not Members of the Organization shall be entitled to
participate in the proceedings of the appropriate body. 4. Amendments shall be
adopted by a two-thirds majority of only the Parties to the present Protocol
present and voting. 5. If adopted in accordance with paragraph 4 above, the
amendment shall be communicated by the Organization to all Parties to the
present Protocol for acceptance. 6. The amendment shall be deemed to have been
accepted at the end of a period of six months after it has been communicated,
unless within that period an objection to the amendment has been communicated
to the Organization by not less than one-third of the Parties to the present
Protocol. 7. An amendment deemed to have been accepted in accordance with
paragraph 6 above shall enter into force three months after its acceptance for
all Parties to the present Protocol, with the exception of those which before
that date have made a declaration of non-acceptance of the said amendment.

ARTICLE IV 1. The present Protocol shall be open for signature by the States
which have signed the Convention referred to in Article II or acceded thereto,
and by any State invited to be represented at the International Conference on
Marine Pollution 1973. The Protocol shall remain open for signature from 15
January 1974 until 31 December 1974 at the Headquarters of the Organization.
2. Subject to paragraph 4 of this Article, the present Protocol shall be
subject to ratification, acceptance or approval by the States which have
signed it. 3. Subject to paragraph 4, this Protocol shall be open for
accession by States which did not sign it. 4. The present Protocol may be
ratified, accepted, approved or acceded to only by States which have ratified,
accepted, approved or acceded to the Convention referred to in Article II.

ARTICLE V 1. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization. 2. Any instrument of ratification,
acceptance, approval or accession deposited after the entry into force of an
amendment to the present Protocol with respect to all existing Parties or
after the completion of all measures required for the entry into force of the
amendment with respect to all existing Parties shall be deemed to apply to the
Protocol as modified by the amendment.

ARTICLE VI 1. The present Protocol shall enter into force on the ninetieth day
following the date on which fifteen States have deposited instruments of
ratification, acceptance, approval or accession with the Secretary-General of
the Organization, provided however that the present Protocol shall not enter
into force before the Convention referred to in Article II has entered into
force. 2. For each State which subsequently ratifies, accepts, approves or
accedes to it, the present Protocol shall enter into force on the ninetieth
day after the deposit by such State of the appropriate instrument.

ARTICLE VII 1. The present Protocol may be denounced by any Party at any time
after the date on which the Protocol enters into force for that Party. 2.
Denunciation shall be effected by the deposit of an instrument to that effect
with the Secretary- General of the Organization. 3. Denunciation shall take
effect one year, or such longer period as may be specified in the instrument
of denunciation, after its deposit with the Secretary-General of the
Organization. 4. Denunciation of the Convention referred to in Article II by a
Party shall be deemed to be a denunciation of the present Protocol by that
Party. Such denunciation shall take effect on the same day as the denunciation
of the Convention takes effect in accordance with paragraph 3 of Article XII
of that Convention.

ARTICLE VIII 1. A conference for the purpose of revising or amending the
present Protocol may be convened by the Organization. 2. The Organization
shall convene a conference of Parties to the present Protocol for the purpose
of revising or amending it at the request of not less than one-third of the
Parties .
ARTICLE IX 1. The present Protocol shall be deposited with the
Secretary-General of the Organization. 2. The Secretary-General of the
Organization shall:

   (a)  inform all States which have signed the present Protocol or acceded
        thereto of:

        (i)    each new signature or deposit of an instrument together with
               the date thereof;

        (ii)   the date of entry into force of the present Protocol;

        (iii)  the deposit of any instrument of denunciation of the present
               Protocol together with the date on which the denunciation takes
               effect;

        (iv)   any amendments to the present Protocol or its Annex and any
               objection or declaration of non-acceptance of the said
               amendment;

   (b)  transmit certified true copies of the present Protocol to all States
        which have signed the present Protocol or acceded thereto.

ARTICLE X

As soon as the present Protocol enters into force, a certified true copy
thereof shall be transmitted by the Secretary-General of the Organization to
the Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.

ARTICLE XI

The present Protocol is established in a single original in the English,
French, Russian and Spanish languages, all four texts being equally authentic.

IN WITNESS WHEREOF the undersigned being duly authorized for that purpose have
signed the present Protocol.

DONE AT LONDON this second day of November one thousand nine hundred and
seventy-three.



ANNEX

LIST OF SUBSTANCES ESTABLISHED BY THE

MARINE ENVIRONMENT PROTECTION COMMITTEE OF THE

ORGANIZATION IN ACCORDANCE WITH PARAGRAPH 2 (a) OF ARTICLE I 1. Oil (when
carried in bulk)
Asphalt Solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oil
Clarified
Mixtures containing Crude Oil
Road Oil
Aromatic Oil (excluding vegetable oil)
Blending Stocks
Mineral Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
Gasoline Blending Stocks
Alkylates - fuel
Reformates
Polymer - fuel
Gasolines
Casinghead (natural)
Automotive
aVIATION
Straight Run
Jet Fuels
JP-1 (Kerosene)
JP-3
JP-4
JP-5 (Kerosene, heavy)
Turbo Fuel
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil 2. Noxious Substances
Acetic anhydride
Acetone
Acetone cyanohydrin
Acrolein
Acrylonitrile
Aldrin
Allyl isothiocyanate
Aluminium phosphide
Ammonia (28% aqueous)
Ammonium phosphate
Amyl mercaptan
Aniline
Aniline hydrochloride
Antimony compounds
Arsenic compounds
Atrazine
Azinphos methyl (Guthion)
Barium azide
Barium cyanide
Barium oxide
Benzene
Benzenehexachloride isomers (Lindane)
Benzidine
Beryllium powder
Bromine
Bromobenzyl cyanide
n-Butyl acrylate
Butyric acid
Cacodylic acid
Cadmium compounds
Carbaryl (Sevin)
Carbon disulphide
Carbontetrachloride
Chlorodane
Chloroacetone
Chloroacetophenone
Chlorodinitrobenzene
Chloroform
Chlorohydrins (crude)
Chloropicrin
Chromic acid (Chromium trioxide)
Cocculus (solid)
Copper compounds
Cresols
Cupriethylene diamine
Cyanide compounds
Cyanogen bromide
Cyanogen chloride
DDT
Dichloroanilines
Dichlorobenzenes
Dieldrin
Dimethoate (Cygon)
Dimethyl amine (40% aqueous)
Dinitroanilines
4,6-Dinitroorthocresol
Dinitrophenols
Endosulphan (Thiodan)
Endrin
Epichlorohydrin
Ethyl bromoacetate
Ethylene chlorohydrin (2-Chloro-ethanol)
Ethylene dichloride
Ethyl parathion
Fentin acetate (dry)
Fluosilicic acid
Heptachlor
Hexachlorobenzene
Hexaethyl tetraphosphate
Hydrocyanic acid
Hydrofluoric acid (40% aqueous)
Isoprene
Lead compounds
Lindane (Gammexane, BHC)
Malathion
Mercuric compounds
Methyl alcohol
Methylene chloride
Molasses
Naphthalene (molten)
Naphthylthiourea
Nitric acid (90%)
Oleum
Parathion
Paraquat
Phenol
Phosphoric acid
Phosphorus (elemental)
Polyhalogenated biphenyls
Sodium pentachlorophenate (solution)
Styrene monomer
Toluene
Toluene diisocyanate
Toxaphene
Tritolyl phosphate (Tricresyl phosphate)
2, 4, 5-T 3. Liquefied Gases (when carried in bulk)
Acetaldehyde
Anhydrous Ammonia
Butadiene
Butane
Butane/Propane Mixtures
Butylenes
Chlorine
Dimethylamine
Ethyl Chloride
Ethane
Ethylene
Ethylene Oxide
Methane (LNG)
Methyl Acetylene Propadiene mixture
Methyl Bromide
Methyl Chloride
Propane
Propylene
Vinyl Chloride Monomer
Anhydrous Hydrogen Chloride
Anhydrous Hydrogen Fluoride
Sulphur Dioxide 4. Radioactive Substances
Radioactive substances, including, but not limited to, elements and compounds
the isotopes of which are subject to the requirements of Section 835 of the
Regulations for the Safe Transport of Radioactive Materials, 1973 Revised
Edition, published by the International Atomic Energy Agency, and which may be
found to be stored or transported as substances and/or materials in Type A
packages, Type B packages, as fissile materials or materials transported under
special arrangements, such as
          60Co,     137Cs,    226Ra,    239Pu,    235U.