Marine Pollution: An Overview

Introduction to Marine Pollution

• Marine pollution involves introducing harmful substances into the ocean.
• Historically, ship-sourced pollution was mainly concerned with oil, particularly from tankers.
• The IMO's first response was the 1954 OILPOL Convention.
• Marine pollution concerns now include garbage, sewage, and anti-fouling systems.
• Coastal states are improving responses to pollution incidents.

MARPOL and Other Conventions

• The MARPOL Convention was adopted in 1973, significantly reducing pollution from international shipping.
• The International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION) was established in 1969.
• The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC) was established in 1972.
• The London Protocol was established in 1996.
• The International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) was established in 1990.
• The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances was established in 2000.
• The International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS) was established in 2001.
• The International Convention for the Control and Management of Ships' Ballast Water and Sediments was established in 2004.
• The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships was established in 2009.

South Africa's Role

• South Africa is positioned at the intersection of the southern Atlantic and Indian Oceans
• The country's 3000km coastline is an old navigation route.
• Large traffic volumes pass by without docking at South African ports.
• South Africa imports around 19 million tons of crude oil annually.
• Around 120 million tons is routed around the Cape to global markets.
• The Cape of Good Hope was originally named "Cape of Storms" due to frequent shipwrecks.
• In 1983, the Spanish tanker "Castillo de Bellver" broke apart near Saldanha Bay, spilling 224,000 tons of light crude oil.
• Recent spills involve heavy bunker fuels from cargo vessels.
• Marine traffic near South Africa poses pollution risks from incidents like collisions, groundings, and cargo transfers.
• Vessels may carry harmful substances, threatening recreation areas, marine life, and coastal infrastructure.
• Large oil spills usually involve casualties like groundings or collisions.
• Response actions depend on the incident's nature, oil type, spill location, and sea conditions.

National Environmental Laws and Conventions

• The Constitution (Act No. 108 of 1996), Section 24 protects the right to an environment safe for health and well-being.
• The government must prevent pollution, promote conservation, and ensure sustainable development.
• The Marine Pollution (Control and Civil Liability) Act 6 of 1981 protects the marine environment from oil and harmful substances.
• SAMSA has powers to prevent sea pollution, with regulations for liability after a polluting discharge.
• The Marine Pollution (Prevention of Pollution from Ships) Act 2 of 1986 protects against pollution from ships. it enacts the MARPOL Convention.
• The Marine Pollution (Intervention) Act 64 of 1987 allows intervention on the high seas to prevent pollution from maritime casualties.
• The South African Maritime Safety Authority Act 5 of 1998 established SAMSA to implement maritime policy.
• SAMSA aims to ensure safety at sea, prevent pollution, and promote maritime interests.
• The National Environmental Management: Integrated Coastal Management Act 24 of 2008 establishes coastal management to conserve the coastal environment.
• The Disaster Management Act, No 57 of 2002 provides an integrated policy focused on disaster risk reduction and emergency response.

Responsibilities of SAMSA and DFFE

• SAMSA is the lead agency for preventing and combating pollution from ships.
• DFFE is responsible for oil pollution combating functions and the prevention of oil spills within SAMSA's jurisdiction.
• SAMSA controls technical aspects of shipping casualties, supervises oil transhipments, prosecutes polluters, and administers Acts related to oil pollution.
• SAMSA draws up contingency plans, manages legal and financial aspects, controls pollution prevention tugs, and issues safety certificates.
• DFFE coordinates coastal protection, controls pollution combating vessels and dispersants, maintains equipment, and creates contingency plans.

MARPOL Convention

• MARPOL is the main international convention for preventing marine pollution from ships.
• It combines treaties from 1973 and 1978, updated over the years.
• The 1973 MARPOL covered pollution by oil, chemicals, and garbage.
• The 1978 Protocol addressed tanker accidents and incorporated measures on tanker design and operation.
• MARPOL includes regulations to prevent pollution, with six technical Annexes and special areas with operational discharge controls.

MARPOL Annexes

• Annex I addresses oil pollution prevention through operational measures and double hulls on oil tankers.
• Annex II details discharge criteria for noxious liquid substances. Discharge is only allowed at reception facilities under certain conditions.
• Annex III contains requirements for packing, marking, and documentation to prevent pollution from harmful substances.
• The International Maritime Dangerous Goods (IMDG) Code includes marine pollutants since 1991.
• Annex IV controls sewage pollution, restricting discharges unless ships use approved treatment plants or discharge systems.
• Annex V deals with garbage disposal, banning the disposal of all plastics into the sea. Revised Annex V prohibits all garbage disposal into the sea except under specific conditions.
• Annex VI sets limits on emissions from ship exhausts, including sulphur oxide and nitrogen oxide.
• It prohibits ozone-depleting substances and sets stricter standards for designated emission control areas; energy efficiency measures were included in 2011 and enforced 1 January 2013.

Enforcing MARPOL

• Violations of MARPOL 73/78 are punishable under the law of the violating Party or the flag State.
• Ships on international voyages must carry valid international certificates as evidence of compliance.
• Authorities may detain ships if there are grounds to believe the ship's condition or equipment does not meet certification standards or if a valid certificate is not carried.

Special Areas Under MARPOL

• MARPOL designates certain sea areas as "special areas" requiring special mandatory methods for pollution prevention due to oceanographical and ecological conditions.
• These areas have a higher level of protection and Annex VI sets sulphur oxide and nitrogen oxides Emission Control Areas.
• Special areas under MARPOL include the Mediterranean Sea, Baltic Sea, Black Sea, Red Sea, Gulfs area, Gulf of Aden, and Antarctic area.
• Special areas under MARPOL include North West European Waters, Oman area of the Arabian Sea, Southern South African waters and Wider Caribbean region.
• Baltic Sea is a special area for sewage.