South Australian Consolidated Acts South Australian Consolidated ActsSchedule 1—Convention on the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter
THE CONTRACTING PARTIES TO THIS CONVENTION,
RECOGNIZING that the marine environment and the living organisms which it
supports are of vital importance to humanity, and all people have an interest
in assuring that it is so managed that its quality and resources are not
impaired;
RECOGNIZING that the capacity of the sea to assimilate wastes and render them
harmless, and its ability to regenerate natural resources, is not unlimited;
RECOGNIZING that States have, in accordance with the Charter of the United
Nations and the principles of international law, the sovereign right to
exploit their own resources pursuant to their own environmental policies, and
the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction;
RECALLING Resolution 2749 (XXV) of the General Assembly of the United Nations
on the principles governing the sea-bed and the ocean floor and the subsoil
thereof, beyond the limits of national jurisdiction;
NOTING that marine pollution originates in many sources, such as dumping and
discharges through the atmosphere, rivers, estuaries, outfalls and pipelines,
and that it is important that States use the best practicable means to prevent
such pollution and develop products and processes which will reduce the amount
of harmful wastes to be disposed of;
BEING CONVINCED that international action to control the pollution of the sea
by dumping can and must be taken without delay but that this action should not
preclude discussion of measures to control other sources of marine pollution
as soon as possible; and
WISHING to improve protection of the marine environment by encouraging States
with a common interest in particular geographical areas to enter into
appropriate agreements supplementary to this Convention;
HAVE AGREED as follows:
ARTICLE I
Contracting Parties shall individually and collectively promote the effective
control of all sources of pollution of the marine environment, and pledge
themselves especially to take all practicable steps to prevent the pollution
of the sea by the dumping of waste and other matter that is 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.
ARTICLE II
Contracting Parties shall, as provided for in the following Articles, take
effective measures individually, according to their scientific, technical and
economic capabilities, and collectively, to prevent marine pollution caused by
dumping and shall harmonize their policies in this regard.
ARTICLE III
For the purposes of this Convention:
1. —
(a) "Dumping" means:
(i)
any deliberate disposal at sea of wastes or other matter
from vessels, aircraft, platforms or other man-made structures at sea;
(ii)
any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea.
(b) "Dumping" does not
include:
(i)
the disposal at 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 structures;
(ii)
placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not contrary to the aims of
this Convention.
(c) The disposal of
wastes or other matter directly arising from, or related to the exploration,
exploitation and associated off-shore processing of sea-bed mineral resources
will not be covered by the provisions of this Convention.
2. "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.
3. "Sea" means all
marine waters other than the internal waters of States.
4. "Wastes or other
matter" means material and substances of any kind, form or description.
5. "Special permit"
means permission granted specifically on application in advance and in
accordance with Annex II and Annex III.
6. "General permit"
means permission granted in advance and in accordance with Annex III.
7. "The Organization"
means the Organization designated by the Contracting Parties in accordance
with Article XIV(2).
ARTICLE IV
1. In accordance with
the provisions of this Convention Contracting Parties shall prohibit the
dumping of any wastes or other matter in whatever form or condition except as
otherwise specified below:
(a) the dumping of
wastes or other matter listed in Annex I is prohibited;
(b) the dumping of
wastes or other matter listed in Annex II requires a prior special permit;
(c) the dumping of all
other wastes or matter requires a prior general permit.
2. Any permit shall be
issued only after careful consideration of all the factors set forth in Annex
III, including prior studies of the characteristics of the dumping site, as
set forth in Sections B and C of that Annex.
3. No provision of
this Convention is to be interpreted as preventing a Contracting Party from
prohibiting, insofar as that Party is concerned, the dumping of wastes or
other matter not mentioned in Annex I. That Party shall notify such measures
to the Organization.
ARTICLE V
1. The provisions of
Article IV 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 appears to be the
only way of averting the threat and if there is every probability that the
damage consequent upon such dumping will be less than would otherwise occur.
Such dumping shall be so conducted 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 special permit as an exception to Article IV(1) (a) , in
emergencies, posing unacceptable risk relating to human health and admitting
no other feasible solution. Before doing so the Party shall consult any other
country or countries that are likely to be affected and the Organization
which, after consulting other Parties, and international organizations as
appropriate, shall, in accordance with Article XIV promptly recommend to the
Party the most appropriate procedures to adopt. The 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 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 Convention.
ARTICLE VI
1. Each Contracting
Party shall designate an appropriate authority or authorities to:
(a) issue special
permits which shall be required prior to, and for, the dumping of matter
listed in Annex II and in the circumstances provided for in Article V(2);
(b) issue general
permits which shall be required prior to, and for, the dumping of all other
matter;
(c) keep records of
the nature and quantities of all matter permitted to be dumped and the
location, time and method of dumping;
(d) monitor
individually, or in collaboration with other Parties and competent
international organizations, the condition of the seas for the purposes of
this Convention.
2. The appropriate
authority or authorities of a Contracting Party shall issue prior special or
general permits in accordance with paragraph (1) in respect of matter intended
for dumping:
(a) loaded in its
territory;
(b) loaded by a vessel
or aircraft registered in its territory or flying its flag, when the loading
occurs in the territory of a State not party to this Convention.
3. In issuing permits
under sub-paragraphs (1) (a) and (b) above, the appropriate authority or
authorities shall comply with Annex III, 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
Parties, the information specified in sub-paragraphs (c) and (d) of paragraph
(1) above, and the criteria, measures and requirements it adopts in accordance
with paragraph (3) above. The procedure to be followed and the nature of such
reports shall be agreed by the Parties in consultation.
ARTICLE VII
1. Each Contracting
Party shall apply the measures required to implement the present Convention to
all:
(a) vessels and
aircraft registered in its territory or flying its flag;
(b) vessels and
aircraft loading in its territory or territorial seas matter which is to be
dumped;
(c) vessels and
aircraft and fixed or floating platforms under its jurisdiction believed to be
engaged in dumping.
2. Each Party shall
take in its territory appropriate measures to prevent and punish conduct in
contravention of the provisions of this Convention.
3. The Parties agree
to co-operate in the development of procedures for the effective application
of this Convention particularly on the high seas, including procedures for the
reporting of vessels and aircraft observed dumping in contravention of
the Convention.
4. This Convention
shall not apply to those vessels and aircraft entitled to sovereign immunity
under international law. However, each 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 Convention, and
shall inform the Organization accordingly.
5. Nothing in this
Convention shall affect the right of each Party to adopt other measures, in
accordance with the principles of international law, to prevent dumping at
sea.
ARTICLE VIII
In order to further the objectives of this Convention, the Contracting Parties
with common interests to protect in the marine environment in a given
geographical area shall endeavour, taking into account characteristic regional
features, to enter into regional agreements consistent with this Convention
for the prevention of pollution, especially by dumping. The Contracting
Parties to the present Convention shall endeavour to act consistently with the
objectives and provisions of such regional agreements, which shall be notified
to them by the Organization. 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.
Special attention shall be given to co-operation in the field of monitoring
and scientific research.
ARTICLE IX
The Contracting Parties shall promote, through collaboration within the
Organization and other international bodies, support for those Parties which
request it for:
(a) the training of
scientific and technical personnel;
(b) the supply of
necessary equipment and facilities for research and monitoring;
(c) the disposal and
treatment of waste and other measures to prevent or mitigate pollution caused
by dumping;
preferably within the countries concerned, so furthering the aims and purposes
of this Convention.
ARTICLE X
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, caused by dumping of wastes and other matter of all
kinds, the Contracting Parties undertake to develop procedures for the
assessment of liability and the settlement of disputes regarding dumping.
ARTICLE XI
The Contracting Parties shall at their first consultative meeting consider
procedures for the settlement of disputes concerning the interpretation and
application of this Convention.
ARTICLE XII
The Contracting Parties pledge themselves to promote, within the competent
specialized agencies and other international bodies, measures to protect the
marine environment against pollution caused by:
(a) hydrocarbons,
including oil, and their wastes;
(b) other noxious or
hazardous matter transported by vessels for purposes other than dumping;
(c) wastes generated
in the course of operation of vessels, aircraft, platforms and other manmade
structures at sea;
(d) radio-active
pollutants from all sources, including vessels;
(e) agents of chemical
and biological warfare;
(f) wastes or other
matter directly arising from, or related to the exploration, exploitation and
associated off-shore processing of sea-bed mineral resources.
The Parties will also promote, within the appropriate international
organization, the codification of signals to be used by vessels engaged in
dumping.
ARTICLE XIII
Nothing in this Convention shall prejudice the codification and development of
the law of the sea by the United Nations Conference on the Law of the Sea
convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the
United Nations nor the present or future claims and legal views of any State
concerning the law of the sea and the nature and extent of coastal and flag
State jurisdiction. The Contracting Parties agree to consult at a meeting to
be convened by the Organization after the Law of the Sea Conference, and in
any case not later than 1976, with a view to defining the nature and extent of
the right and the responsibility of a coastal State to apply the Convention in
a zone adjacent to its coast.
ARTICLE XIV
1. The Government of
the United Kingdom of Great Britain and Northern Ireland as a depositary shall
call a meeting of the Contracting Parties not later than three months after
the entry into force of this Convention to decide on organizational matters.
2. The Contracting
Parties shall designate a competent Organization existing at the time of that
meeting to be responsible for Secretariat duties in relation to this
Convention. Any Party to this Convention not being a member of this
Organization shall make an appropriate contribution to the expenses incurred
by the Organization in performing these duties.
3. The Secretariat
duties of the Organization shall include:
(a) the convening of
consultative meetings of the Contracting Parties not less frequently than once
every two years and of special meetings of the Parties at any time on the
request of two-thirds of the Parties;
(b) preparing and
assisting, in consultation with the Contracting Parties and appropriate
International Organizations, in the development and implementation of
procedures referred to in sub-paragraph (4) (e) of this Article;
(c) considering
enquiries by, and information from the Contracting Parties, consulting with
them and with the appropriate International Organizations, and providing
recommendations to the Parties on questions related to, but not specifically
covered by the Convention;
(d) conveying to the
Parties concerned all notifications received by the Organization in accordance
with Articles IV(3), V(1) and (2), VI(4), XV, XX and XXI.
Prior to the designation of the Organization these functions shall, as
necessary, be performed by the depositary, who for this purpose shall be the
Government of the United Kingdom of Great Britain and Northern Ireland.
4. Consultative or
special meetings of the Contracting Parties shall keep under continuing review
the implementation of this Convention and may, inter alia :
(a) review and adopt
amendments to this Convention and its Annexes in accordance with Article XV;
(b) invite the
appropriate scientific body or bodies to collaborate with and to advise the
Parties or the Organization on any scientific or technical aspect relevant to
this Convention, including particularly the content of the Annexes;
(c) receive and
consider reports made pursuant to Article VI(4);
(d) promote
co-operation with and between regional organizations concerned with the
prevention of marine pollution.
(e) develop or adopt,
in consultation with appropriate International Organizations, procedures
referred to in Article V(2), including basic criteria for determining
exceptional and emergency situations, and procedures for consultative advice
and the safe disposal of matter in such circumstances, including the
designation of appropriate dumping areas, and recommend accordingly;
(f) consider any
additional action that may be required.
5. The Contracting
Parties at their first consultative meeting shall establish rules of procedure
as necessary.
ARTICLE XV
1. —
(a) At meetings of the
Contracting Parties called in accordance with Article XIV amendments to this
Convention may be adopted by a two-thirds majority of those present. An
amendment shall enter into force for the Parties which have accepted it on the
sixtieth day after two-thirds of the Parties shall have deposited an
instrument of acceptance of the amendment with the Organization. Thereafter
the amendment shall enter into force for any other Party 30 days after that
Party deposits its instrument of acceptance of the amendment.
(b) The Organization
shall inform all Contracting Parties of any request made for a special meeting
under Article XIV and of any amendments adopted at meetings of the Parties and
of the date on which each such amendment enters into force for each Party.
2. Amendments to the
Annexes will be based on scientific or technical considerations. Amendments to
the Annexes approved by a two-thirds majority of those present at a meeting
called in accordance with Article XIV shall enter into force for each
Contracting Party immediately on notification of its acceptance to the
Organization and 100 days after approval by the meeting for all other Parties
except for those which before the end of the 100 days make a declaration that
they are not able to accept the amendment at that time. Parties should
endeavour to signify their acceptance of an amendment to the Organization as
soon as possible after approval at a meeting. A 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
Party.
3. An acceptance or
declaration of objection under this Article shall be made by the deposit of an
instrument with the Organization. The Organization shall notify all
Contracting Parties of the receipt of such instruments.
4. Prior to the
designation of the Organization, the Secretarial functions herein attributed
to it, shall be performed temporarily by the Government of the United Kingdom
of Great Britain and Northern Ireland, as one of the depositaries of this
Convention.
ARTICLE XVI
This Convention shall be open for signature by any State at London, Mexico
City, Moscow and Washington from 29 December 1972 until 31 December 1973.
ARTICLE XVII
This Convention shall be subject to ratification. The instruments of
ratification shall be deposited with the Governments of Mexico, the Union of
Soviet Socialist Republics, the United Kingdom of Great Britain and Northern
Ireland, and the United States of America.
ARTICLE XVIII
After 31 December 1973, this Convention shall be open for accession by any
State. The instruments of accession shall be deposited with the Governments of
Mexico, the Union of Soviet Socialist Republics, the United Kingdom of Great
Britain and Northern Ireland, and the United States of America.
ARTICLE XIX
1. This Convention
shall enter into force on the thirtieth day following the date of deposit of
the fifteenth instrument of ratification or accession.
2. For each
Contracting party ratifying or acceding to the Convention after the deposit of
the fifteenth instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after deposit by such Party of its
instrument of ratification or accession.
ARTICLE XX
The depositaries shall inform Contracting Parties:
(a) of signatures to
this Convention and of the deposit of instruments of ratification, accession
or withdrawal, in accordance with Articles XVI, XVII, XVIII and XXI, and
(b) of the date on
which this Convention will enter into force, in accordance with Article XIX.
ARTICLE XXI
Any Contracting Party may withdraw from this Convention by giving six months'
notice in writing to a depositary, which shall promptly inform all Parties of
such notice.
ARTICLE XXII
The original of this Convention of which the English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Governments
of Mexico, the Union of Soviet Socialist Republics, the United Kingdom of
Great Britain and Northern Ireland and the United States of America who shall
send certified copies thereof to all States.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments have signed the present Convention. *
DONE in quadruplicate at London, Mexico City, Moscow and Washington, this
twenty-ninth day of December, 1972.
* Signatures omitted
ANNEX I
1. Organohalogen
compounds.
2. Mercury and mercury
compounds.
3. Cadmium and cadmium
compounds.
4. Persistent plastics
and other persistent synthetic materials, for example, netting and ropes,
which may float or may remain in suspension in the sea in such a manner as to
interfere materially with fishing, navigation or other legitimate uses of the
sea.
5. Crude oil, fuel
oil, heavy diesel oil, and lubricating oils, hydraulic fluids, and any
mixtures containing any of these, taken on board for the purpose of dumping.
6. High-level
radio-active wastes or other high-level radio-active matter, defined on public
health biological or other grounds, by the competent international body in
this field, at present the International Atomic Energy Agency, as unsuitable
for dumping at sea.
7. Materials in
whatever form (e.g. solids, liquids, semi-liquids, gases or in a living state)
produced for biological and chemical warfare.
8. The preceding
paragraphs of this Annex do not apply to substances which are rapidly rendered
harmless by physical, chemical or biological processes in the sea provided
they do not:
(i)
make edible marine organisms unpalatable, or
(ii)
endanger human health or that of domestic animals.
The consultative procedure provided for under Article XIV should be followed
by a Party if there is doubt about the harmlessness of the substance.
9. This Annex does not
apply to wastes or other materials (e.g. sewage sludges and dredged spoils)
containing the matters referred to in paragraphs 1–5 above as trace
contaminants. Such wastes shall be subject to the provisions of Annexes II and
III as appropriate.
ANNEX II
The following substances and materials requiring special care are listed for
the purposes of Article VI(1) (a) .
A. Wastes containing
significant amounts of the matters listed below:
|
arsenic |
} |
and their compounds |
|
organosilicon compounds | ||
B. In the issue of
permits for the dumping of large quantities of acids and alkalis,
consideration shall be given to the possible presence in such wastes of the
substances listed in paragraph A and to the following additional substances:
|
beryllium |
} |
and their compounds |
C. Containers, scrap
metal and other bulky wastes liable to sink to the sea bottom which may
present a serious obstacle to fishing or navigation.
D. Radio-active wastes
or other radio-active matter not included in Annex I. In the issue of permits
for the dumping of this matter, the Contracting Parties should take full
account of the recommendations of the competent international body in this
field, at present the International Atomic Energy Agency.
ANNEX III
Provisions to be considered in establishing criteria governing the issue of
permits for the dumping of matter at sea, taking into account Article IV(2),
include:
A —
Characteristics and composition of the matter
1. Total amount and
average composition of matter dumped (e.g. per year).
2. Form, e.g. solid,
sludge, liquid, or gaseous.
3. Properties:
physical (e.g. solubility and density), chemical and biochemical (e.g. oxygen
demand, nutrients) and biological (e.g. presence of viruses, bacteria, yeasts,
parasites).
4. Toxicity.
5. Persistence:
physical, chemical and biological.
6. Accumulation and
biotransformation in biological materials or sediments.
7. Susceptibility to
physical, chemical and biochemical changes and interaction in the aquatic
environment with other dissolved organic and inorganic materials.
8. Probability of
production of taints or other changes reducing marketability of resources
(fish, shellfish, etc.)
B —
Characteristics of dumping site and method of deposit
1. Location (e.g.
co-ordinates of the dumping area, depth and distance from the coast), location
in relation to other areas (e.g. amenity areas, spawning, nursery and fishing
areas and exploitable resources).
2. Rate of disposal
per specific period (e.g. quantity per day, per week, per month).
3. Methods of
packaging and containment, if any.
4. Initial dilution
achieved by proposed method of release.
5. Dispersal
characteristics (e.g. effects of currents, tides and wind on horizontal
transport and vertical mixing).
6. Water
characteristics (e.g. temperature, pH, salinity, stratification, oxygen
indices of pollution-dissolved oxygen (DO), chemical oxygen demand (COD),
biochemical oxygen demand (BOD)—nitrogen present in organic and mineral
form including ammonia, suspended matter, other nutrients and productivity).
7. Bottom
characteristics (e.g. topography, geochemical and geological characteristics
and biological productivity).
8. Existence and
effects of other dumpings which have been made in the dumping area (e.g. heavy
metal background reading and organic carbon content).
9. In issuing a permit
for dumping, Contracting Parties should consider whether an adequate
scientific basis exists for assessing the consequences of such dumping, as
outlined in this Annex, taking into account seasonal variations.
C — General
considerations and conditions
1. Possible effects on
amenities (e.g. presence of floating or stranded material, turbidity,
objectionable odour, discolouration and foaming).
2. Possible effects on
marine life, fish and shellfish culture, fish stocks and fisheries, seaweed
harvesting and culture.
3. Possible effects on
other uses of the sea (e.g. impairment of water quality for industrial use,
underwater corrosion of structures, interference with ship operations from
floating materials, interference with fishing or navigation through deposit of
waste or solid objects on the sea floor and protection of areas of special
importance for scientific or conservation purposes).
4. The practical
availability of alternative land-based methods of treatment, disposal or
elimination, or of treatment to render the matter less harmful for dumping at
sea.