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Environment Protection (Sea Dumping) Act 1981

  • - C2004A02478
  • In force - Superseded Version
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Act No. 101 of 1981 as made
An Act providing for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of wastes and other matter and the dumping into the sea of certain other objects, and for related purposes
Administered by: Environment and Energy
Date of Assent 24 Jun 1981
 

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101, 1981

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - TABLE OF PROVISIONS


ENVIRONMENT PROTECTION (SEA DUMPING)
ACT 1981

No. 101 of 1981

TABLE OF PROVISIONS

Section
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Exemption
6. Operation of Act
7. Act not to apply to Defence Force ships, &c.
8. Act to bind the Crown
9. Declaration by Minister in relation to coastal waters of a State, &c.
10. Dumping of wastes or other matter
11. Dumping of vessels, &c.
12. Loading of wastes or other matter, &c., for dumping, &c.
13. Penalties for certain offences
14. Incineration at sea
15. Defences to charge of an offence
16. Restoration of environment
17. Liability for expenses incurred by the Commonwealth resulting from dumping
18. Application for permit
19. Grant of permit
20. Suspension and revocation of permits
21. Conditions in respect of permits
22. Radioactive wastes or other matter
23. Applications to Minister to vary operation of permits
24. Applications for review
25. Matters to be published in Gazette
26. Appointment of inspectors
27. Inspectors ex officio
28. Identity cards
29. Boarding of vessels, &c., by inspectors
30. Access to premises
31. Functions of inspector
32. Powers of arrest of inspectors
33. Injunction
34. Delegation
35. False statements
36. Compliance with conditions of permit
37. Indictable offences
38. Evidence
39. Evidence of analyst
40. Fees
41. Regulations

SCHEDULE 1

CONVENTION
ON THE PREVENTION OF MARINE POLLUTION BY
DUMPING OF WASTES AND OTHER MATTER

SCHEDULE 2

Resolution adopted on 12 October 1978

SCHEDULE 3

Resolution adopted on 24 September 1980

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 1.
Short title.

ENVIRONMENT PROTECTION (SEA DUMPING)
ACT 1981

No. 101 of 1981

An Act providing for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of wastes and other matter and the dumping into the sea of certain other objects, and for related purposes

BE IT ENACTED by the Queen, and the Senate and the House of Representatives
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of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Environment Protection (Sea Dumping) Act 1981.*1*

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 2.
Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 3.
Repeal

3. The following Acts are repealed:

Beaches, Fishing Grounds and Sea Routes Protection Act 1932

Beaches, Fishing Grounds and Sea Routes Protection Act 1961.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 4.
Interpretation

4. (1) In this Act, unless the contrary intention appears - "Australian aircraft" means an aircraft that -

(a) is owned by -

(i) the Commonwealth or an authority of the Commonwealth;

(ii) a State or an authority of a State;

(iii) the Northern Territory or an authority of the Northern Territory; or

(iv) the Administration of Norfolk Island; or

(b) is registered in Australia;

"Australian platform" means a platform that -

(a) is fixed to the continental shelf of Australia or of an external Territory or to the sea-bed beneath Australian waters; or

(b) is otherwise operating in that part of the sea above the continental shelf of Australia or of an external Territory or in Australian waters;

"Australian vessel" means a vessel that -

(a) is owned by -

(i) the Commonwealth or an authority of the Commonwealth;

(ii) a State or an authority of a State;

(iii) the Northern Territory or an authority of the Northern Territory; or

(iv) the Administration of Norfolk Island; or

(b) is registered in Australia or flying the Australian flag;

"Australian waters" means -

(a) the territorial sea of Australia and any sea that is on the landward side of the territorial sea of Australia, other than any part of the sea that is within the limits of a State or of the Northern Territory; or

(b) the territorial sea of an external Territory and any sea that is on the landward side of that territorial sea, and includes any area of sea that is declared by the regulations to be included in Australian waters for the purposes of this Act;

"coastal waters" means -

(a) in relation to a State - that part of the sea that is included in the coastal waters of the State within the meaning of the Coastal Waters (State Powers) Act 1980; or

(b) in relation to the Northern Territory - that part of the sea that is included in the coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980;

"continental shelf", in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973;

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"Convention" means the Convention a copy of the English text of which is set out in Schedule 1, as amended by -

(a) the amendments set out in the Attachment to the Resolution a copy of the English text of which is set out in Schedule 2;

(b) the amendments set out in the Attachment to the Resolution a copy of the English text of which is set out in Schedule 3; and

(c) any other amendment to the Convention that is accepted by Australia and a copy of the English text of which is set out in the regulations;

"holder", in relation to a permit, means the person to whom the permit has been granted;

"inspector" means -

(a) a person appointed as an inspector under section 26; or

(b) a member of a police force who is an inspector by force of section 27;

"owner", in relation to a vessel, aircraft or platform, includes -

(a) every person who is a co-owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and

(b) every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform;

"permit" means a permit granted under section 19;

"person in charge" means -

(a) in relation to a vessel - the master or other person in charge of the vessel;

(b) in relation to an aircraft - the person in charge of the aircraft; or

(c) in relation to a platform - the person in charge of the operations conducted on or from the platform;

"platform" includes any man-made structure at sea, whether floating or fixed to the seabed, but does not include a vessel;

"territorial sea", in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973.

(2) A reference in this Act to an offence shall be read as including a reference to an offence created by section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act.

(3) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.

(4) Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 5.
Exemption

5. This Act does not apply in relation to the disposal of wastes or other matter directly arising from, or related to, the exploration, exploitation and associated off-shore processing, of seabed mineral resources.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 6.
Operation of Act

6. This Act applies both within and outside Australia and extends to every external Territory.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 7.
Act not to apply to Defence Force ships, &c.

7. This Act does not apply in relation to a vessel, aircraft or platform belonging to an arm of the Defence Force or to the naval, military or air forces of a foreign country.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 8.
Act to bind the Crown

8. (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island but nothing in this Act renders the Commonwealth, a State, the Northern Territory or the Administration of Norfolk Island liable to be prosecuted for an offence.

(2) Sub-section (1) does not affect any liability of a person in charge of a

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vessel, aircraft or platform of which the Commonwealth, a State, the Northern Territory or the Administration of Norfolk Island is the owner to be prosecuted for an offence.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 9.
Declaration by Minister in relation to coastal waters of a State, &c.

9. (1) Where the Minister is satisfied that the law of a State or of the Northern Territory will, on and after a particular date, make provision for giving effect to the Convention in relation to the coastal waters of that State or of the Northern Territory (whether or not the Convention extends to the whole of those coastal waters), the Minister shall, by notice published in the Gazette, declare that, on and after that date, this Act does not apply in relation to the coastal waters of that State or of the Northern Territory, as the case may be.

(2) Where a declaration is in force under sub-section (1) in relation to the coastal waters of a State or of the Northern Territory, then, on and after the date specified in the declaration, a reference in this Act (other than section 17 or 29) to Australian waters or to the sea shall be read as not including a reference to those coastal waters.

(3) If, at any time on or after the date specified in a declaration in force under sub-section (1) in relation to the coastal waters of a State or of the Northern Territory, the Minister is satisfied that the law of the State or of the Northern Territory, as the case may be, does not make provision for giving effect to the Convention in relation to those coastal waters, the Minister may, by notice published in the Gazette, revoke the declaration.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 10.
Dumping of wastes or other matter

10. Where, otherwise than in accordance with a permit, any wastes or other matter -

(a) are, or is, dumped into Australian waters from any vessel or aircraft; or

(b) are, or is, dumped into any part of the sea from any Australian vessel, Australian aircraft or Australian platform,
the owner and the person in charge of the vessel, aircraft or platform and the owner of the wastes or other matter are each guilty of an offence against this section.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 11.
Dumping of vessels, &c.

11. Where, otherwise than in accordance with a permit -

(a) a vessel, aircraft or platform is dumped into Australian waters;

(b) an Australian vessel, Australian aircraft or Australian platform is dumped into any part of the sea; or

(c) a vessel, aircraft or platform is dumped into any part of the sea from an Australian vessel, Australian aircraft or Australian platform,
the owner of the vessel, aircraft or platform that is so dumped is guilty of an offence against this section and, in addition, where the dumping takes place from a vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform are each guilty of an offence against this section.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 12.
Loading of wastes or other matter, &c., for dumping, &c.

12. (1) Where, otherwise than in accordance with a permit, any prescribed matter or thing -

(a) is loaded on any vessel or aircraft in Australia or in Australian waters for the purpose of being dumped into the sea or being incinerated at sea; or

(b) is loaded on any Australian vessel or Australian aircraft in, or in the territorial sea of, a country that is not a party to the Convention for the purpose of being dumped into the sea or being incinerated at sea,
the owner and the person in charge of the vessel or aircraft and the owner of the prescribed matter or thing are each guilty of an offence against this section.

(2) In sub-section (1), "prescribed matter or thing" means -

(a) any wastes or other matter; or

(b) any vessel, aircraft or platform.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 13.
Penalties for certain offences

13. The penalty on conviction of an offence against section 10, 11 or 12 is a fine not exceeding -

(a) where the offence relates to wastes or other matter to which Annex I to the Convention applies - $50,000 if the offender is a natural person or $100,000 if the offender is a body corporate;

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(b) where the offence relates to wastes or other matter to which Annex II to the Convention applies - $25,000 if the offender is a natural person or $50,000 if the offender is a body corporate; or

(c) in any other case - $10,000 if the offender is a natural person or $20,000 if the offender is a body corporate.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 14.
Incineration at sea

14. (1) This section applies to incineration at sea carried out on -

(a) a vessel in Australian waters;

(b) an Australian vessel in any part of the sea; or

(c) an Australian platform.

(2) The incineration at sea of wastes or other matter listed in paragraphs 2, 3, 4, 6 and 7 of Annex I to the Convention, being incineration to which this section applies, is prohibited.

(3) The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention, being incineration to which this section applies, is prohibited.

(4) The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in Annex II, being incineration to which this section applies, is prohibited.

(5) The incineration at sea, otherwise than in accordance with a permit, of any wastes or other matter (other than wastes or other matter referred to in sub-section (2), (3) or (4)), being incineration to which this section applies, is prohibited.

(6) The owner and the person in charge of a vessel or platform on which incineration at sea in contravention of this section is carried out and the owner of the wastes or other matter so incinerated are each guilty of an offence against this section punishable, on conviction, by a fine not exceeding -

(a) where the incineration was in contravention of sub-section (2) - $50,000 if the offender is a natural person or $100,000 if the offender is a body corporate;

(b) where the incineration was in contravention of sub-section (3) - $40,000 if the offender is a natural person or $80,000 if the offender is a body corporate;

(c) where the incineration was in contravention of sub-section (4) - $25,000 if the offender is a natural person or $50,000 if the offender is a body corporate; or

(d) where the incineration was in contravention of sub-section (5) - $10,000 if the offender is a natural person or $20,000 if the offender is a body corporate.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 15.
Defences to charge of an offence

15. (1) Subject to sub-section (2), it is a defence to a charge of an offence against section 10, 11, 12 or 14 if the person charged proves that the dumping, loading or incineration the subject of the charge was carried out in accordance with a permit granted in accordance with the Convention by a country (other than Australia) that was a party to the Convention.

(2) The defence set out in sub-section (1) -

(a) does not apply in relation to an offence against section 10, 11 or 14 if the offence relates to dumping or incineration in Australian waters or in the sea above the continental shelf of Australia or of an external Territory; and

(b) does not apply in relation to a charge of an offence against section 12 if the offence relates to loading wastes or other matter for the purpose of dumping them or it into Australian waters or into the sea above the continental shelf of Australia or of an external Territory.

(3) It is a defence to a charge of an offence against section 10 or 11 if the person charged proves that -

(a) the dumping the subject of the charge was necessary to secure the safety of human life, or of a vessel, aircraft or platform, at sea in a case of force majeure caused by stress of weather; or

(b) the dumping the subject of the charge appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, at sea and there was every probability that the damage caused by such dumping would be less than would otherwise occur,
and, in either case, that -


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(c) the dumping was so conducted as to minimize the likelihood of damage to human or marine life; and

(d) a report of the dumping, setting out the prescribed information, was furnished to the Minister as soon as practicable after the occurrence of the dumping.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 16.
Restoration of environment

16. Where -

(a) wastes or other matter are or is, or a vessel, aircraft or platform is, dumped into Australian waters or into a part of the sea above the continental shelf of Australia or of an external Territory; and

(b) the Minister considers that that dumping is likely to -

(i) cause an obstruction, or constitute a danger, to vessels;

(ii) result in harm to human or marine life; or

(iii) result in interference with the exercise of the sovereign rights of Australia as a coastal State to explore, and exploit the natural resources of -

(A) the seabed and subsoil lying beneath Australian waters; or

(B) the continental shelf of Australia or of an external Territory,
the Minister may cause to be taken such steps as he thinks proper to repair or remedy any condition, or to mitigate any damage, arising from that dumping.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 17.
Liability for expenses incurred by the Commonwealth resulting from dumping

17. (1) Where -

(a) a person has been convicted of an offence against section 10 or 11; and

(b) by reason of the exercise by the Minister of his powers under section 16, the Commonwealth has incurred expenses or other liabilities in repairing or remedying any condition, or mitigating any damage, arising from the dumping that constituted the offence,
a person so convicted is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth and that amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.

(2) Where 2 or more persons have been convicted of offences referred to in sub-section (1) in respect of the same act of dumping, the Commonwealth is not, by virtue of that sub-section, entitled to recover from those persons amounts that, in the aggregate, exceed the total amount of the expenses and liabilities incurred by the Commonwealth, by reason of the exercise by the Minister of his powers under section 16, as a result of that dumping.

(3) Subject to sub-section (4), where the owner of a vessel, aircraft or Australian platform -

(a) has been convicted of an offence against section 10 or 11 with respect to dumping from the vessel, aircraft or platform; and

(b) is liable by virtue of sub-section (1) of this section to pay an amount to the Commonwealth in respect of that offence,
that amount is a charge upon the vessel, aircraft or platform, as the case may be, and, in the case of a vessel or aircraft, the vessel or aircraft may be detained by an inspector until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.

(4) Sub-section (3) does not entitle a person to detain a vessel or aircraft unless the vessel or aircraft -

(a) is an Australian vessel or Australian aircraft, as the case may be; or

(b) is in Australia or an external Territory or in Australian waters.

(5) Where -

(a) a vessel that has been detained under sub-section (3) goes to sea before it is released from detention; or

(b) an aircraft that has been detained under sub-section (3) leaves Australia or an external Territory before it is released from detention,
the master and owner of the vessel or aircraft, as the case may be, are each guilty of an offence against this sub-section punishable, upon conviction -

(c) in the case of the master - by a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both;


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(d) in the case of the owner, if the owner is not a body corporate - by a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both; or

(e) in the case of the owner, if the owner is a body corporate - by a fine not exceeding $10,000.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 18.
Application for permit

18. (1) A person may make an application to the Minister for the grant of a permit required for the purposes of this Act.

(2) An application for a permit shall be made in accordance with the appropriate form approved by the Minister from time to time.

(3) Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling him to deal with the application, he may, by notice in writing served on the applicant not later than 60 days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 19, not to have been duly made until the statement is furnished.

(4) Where, in his preliminary consideration of an application for a permit for dumping, the Minister forms the view that, in order to enable him to decide whether a permit should be granted or not, or to formulate conditions that should be imposed in respect of a permit if a permit is granted, it will be necessary for research or analysis to be undertaken to determine the effect that the proposed dumping may have on the marine environment, the Minister, before giving further consideration to the application, may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds:

(a) a provision that the applicant will, at his own expense, undertake such research or analysis as is specified in the agreement, being research or analysis relating to the effect that the proposed dumping might have on the marine environment;

(b) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research or analysis of a kind referred to in paragraph (a);

(c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research or analysis undertaken by the applicant in accordance with the agreement;

(d) a provision that, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement -

(i) the Commonwealth may undertake the necessary research or analysis, as the case may be; and

(ii) in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;


(e) a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he may become liable to pay to the Commonwealth under the agreement;

(f) a provision that the applicant will report to the Minister the results of any research or analysis undertaken by him in accordance with the agreement.

(5) Where an applicant is required under sub-section (4) to enter into an agreement with the Commonwealth providing for the undertaking of research or analysis as specified in the agreement, his application shall be deemed, for the purposes of section 19, not to have been duly made until the research or analysis, as the case may be, has been completed to the satisfaction of the Minister.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 19.
Grant of permit

19. (1) Subject to this section, the Minister may, in his discretion, grant, or refuse to grant, a permit to a person who has made an application in accordance with section 18.

(2) Subject to sub-sections (3) and (4), the Minister shall give a decision under sub-section (1) on an application for a permit within 90 days after the application is made.

(3) Where, within 90 days after an application for a permit is made, the Minister administering the Environment Protection (Impact of Proposals) Act 1974 directs that an inquiry be held under section 11 of that Act in relation

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to the conduct in respect of which the application is made, the Minister administering this Act shall give a decision under sub-section (1) of this section on that application -

(a) within 30 days after a report in relation to that inquiry is furnished under sub-section 11 (4) of that Act; or

(b) within 90 days after the application is made,
whichever period is the last to end.

(4) Where -

(a) within 90 days after an application for a permit is made, the Minister administering the Environment Protection (Impact of Proposals) Act 1974, in accordance with procedures approved for the purposes of that Act, directs the submission to him of an environmental impact statement in relation to the conduct in respect of which the application is made; and

(b) sub-section (3) is not applicable, the Minister administering this Act shall give a decision under sub-section (1) on the application -

(c) within 30 days after the completion of all procedures under the Environment Protection (Impact of Proposals) Act 1974 in connection with the environmental impact statement referred to in paragraph (a); or

(d) within 90 days after the application is made, whichever period is the last to end.

(5) A permit for dumping or loading shall not be granted in respect of any wastes or other matter to which Annex I to the Convention applies except where, in the opinion of the Minister, there is an emergency posing an unacceptable risk relating to human health and admitting of no other feasible solution.

(6) In considering the granting of a permit for dumping or loading, the Minister shall have regard to -

(a) the factors set forth in Annex III to the Convention;

(b) in a case to which Section B of Annex II to the Convention applies - the matters set out in that Section; and

(c) in a case to which Section D of Annex II to the Convention applies - any recommendations referred to in that Section.

(7) A permit for incineration at sea of wastes or other matter listed in Annex I to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to that Annex and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties to the Convention in consultation.

(8) A permit for incineration at sea of wastes or other matter listed in Annex II to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to Annex I, to the extent that those regulations are applicable, and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties to the Convention in consultation, to the extent that those guidelines are applicable.

(9) Before granting a permit for dumping, the Minister may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds:

(a) a provision that the applicant will, at his own expense, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation of any contaminants;

(b) a provision that the applicant will investigate, as specified in the agreement, the possibility of avoiding or reducing the need for further dumping by him;

(c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph;

(d) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement;

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(e) a provision that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement -

(i) the Commonwealth may undertake the necessary research, monitoring or investigation, as the case may be; and

(ii) in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;

(f) a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he may become liable to pay to the Commonwealth under the agreement;

(g) a provision that the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him in accordance with the agreement.

(10) A permit granted under this section shall be expressed, in accordance with the Convention, to be either a general permit or a special permit.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 20.
Suspension and revocation of permits

20. (1) The Minister may, at any time, by notice in writing served on the holder of a permit, vary, suspend or revoke the permit where he is satisfied that -

(a) a provision of this Act relating to the permit or a condition imposed in respect of the permit has been contravened; or

(b) it is necessary or expedient to do so in order properly to regulate the activities with which this Act is concerned.

(2) A suspension of a permit may be of indefinite duration or for a period specified in the notice.

(3) Where proceedings for an offence in relation to a permit are commenced during a period of suspension of the permit, the suspension may be continued until the proceedings (including any appeal) are completed.

(4) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run.

(5) The suspension of a permit does not prevent its revocation.

(6) The revocation or suspension of a permit takes effect when notice of the revocation or suspension, as the case may be, is served on the holder of the permit or on such later date (if any) as is specified in the notice.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 21.
Conditions in respect of permits

21. (1) The Minister may, when granting a permit or at any time while a permit is in force, impose conditions in respect of the permit and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed.

(2) A condition imposed in respect of a permit, or a revocation, suspension or variation, or a cancellation of a suspension, of such a condition, takes effect when notice of the condition or of the revocation, suspension or variation or of the cancellation of the suspension is served on the holder of the permit or on such later date (if any) as is specified in the notice.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 22.
Radioactive wastes or other matter

22. (1) Where the Minister is of opinion that wastes or other matter with respect to the dumping or loading of which he proposes to grant a permit are, or is, so radioactive as to require special precautions to be taken, the Minister shall -

(a) state in the permit that the permit is a permit for dumping or loading, as the case may be, radioactive wastes or other matter; and

(b) appoint such escorting officers as he thinks necessary to be present on board any vessel on which the wastes or other matter are, or is, to be carried for the purpose of -

(i) observing the loading, and stowing, on board the vessel of the wastes or other matter;

(ii) monitoring the levels of radiation caused by the wastes or other matter;

(iii) observing the dumping into the sea of the wastes or other matter in accordance with the permit; and

(iv) giving to the master of the vessel -

(A) such directions as the escorting officer thinks necessary in relation to any matter arising out of the presence on board the vessel of the
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wastes or other matter; or

(B) such directions as the escorting officer thinks necessary to ensure that the handling or stowing of the wastes or other matter on board the vessel, or the dumping into the sea of such wastes or other matter, is in accordance with the permit or with any condition imposed in respect of the permit (including a direction to cease loading, or to cease dumping into the sea, the wastes or other matter or any part of the wastes or other matter).

(2) By force of this sub-section, there is imposed in respect of a permit for dumping or loading radioactive wastes or other matter a condition that the holder of the permit will ensure that -

(a) the escorting officers appointed by the Minister in relation to the permit -

(i) are received on board any vessel used, or to be used, for the carriage of the wastes or other matter concerned during all times when their presence on board is necessary for the purpose of carrying out their functions; and

(ii) are supplied with any necessary food and accommodation, being food and accommodation of an acceptable standard, when they are on board the vessel; and

(b) in the case of a permit for dumping - the escorting officers on board when dumping has ceased are, in accordance with arrangements agreed between the holder of the permit and the Minister, returned to the port of embarkation or such other place as is agreed between the holder of the permit and the Minister.

(3) When a vessel that has on board an escorting officer for the purpose of carrying out his functions in relation to radioactive wastes or other matter on board, or to be loaded on board, the vessel, the person in charge of the vessel -

(a) shall permit the escorting officer to have access to every part of the vessel to which it is necessary that he have access for the purpose of carrying out his functions;

(b) when requested by the escorting officer so to do, shall give to the escorting officer any information in the possession of the person in charge concerning the radioactive wastes or other matter; and

(c) shall not take any action, or cause or permit any action to be taken, in relation to the radioactive wastes or other matter that is in contravention of any direction given to him by the escorting officer in the carrying out of his functions.

Penalty: $10,000.

(4) It is a defence to a charge of an offence under paragraph (3) (c) if the person in charge of the vessel proves that the action the subject of the charge was necessary to ensure the safety of the vessel or of any person on board.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 23.
Applications to Minister to vary operation of permits

23. (1) The holder of a permit may make application to the Minister for the revocation or variation of a condition imposed in respect of the permit.

(2) The holder of a permit that is suspended may make application to the Minister for the cancellation of that suspension.

(3) The Minister shall, within 60 days after the receipt of an application under sub-section (1) or (2) -

(a) if he is satisfied that the application should be granted -

(i) revoke the condition;

(ii) vary the condition in accordance with the application; or

(iii) cancel the suspension of the permit, as the case may be; or

(b) if he is not so satisfied - refuse to grant the application.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 24.
Applications for review

24. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions by the Minister under section 19, 20, 21 or 23.

(2) Sub-section (1) does not apply in relation to -

(a) a decision by the Minister under section 19 in connection with an application for a permit where an inquiry has been directed to be held under section 11 of the Environment Protection (Impact of Proposals) Act 1974 in relation to the conduct in respect of which the application is made; or


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(b) a decision by the Minister under section 19 refusing to grant a permit on the ground that such a refusal is required to comply with sub-section 19 (5).

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 25.
Matters to be published in Gazette

25. The Minister shall cause to be published in the Gazette particulars of -

(a) applications for permits;

(b) permits granted and any conditions imposed in respect of those permits;

(c) refusals to grant permits;

(d) any revocation, suspension, or cancellation of the suspension, of a permit; and

(e) any revocation, suspension or variation, or any cancellation of a suspension, of a condition imposed in respect of a permit.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 26.
Appointment of inspectors

26. The Minister may, by instrument in writing, appoint a person as an inspector.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 27.
Inspectors ex officio

27. By force of this section, any member of the Australian Federal Police or of the police force of a Territory is an inspector.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 28.
Identity cards

28. (1) The Minister may cause to be issued to an inspector, other than a member of a police force, an identity card in a form approved by the Minister.

(2) Where a person in possession of an identity card issued to him under sub-section (1) ceases to be an inspector, he shall forthwith return the identity card to the Minister.

Penalty: $100.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 29.
Boarding of vessels, &c., by inspectors

29. (1) This section applies to -

(a) any Australian vessel, Australian aircraft or Australian platform;

(b) any vessel or any aircraft that is in Australia or an external Territory; and

(c) any vessel, or any aircraft capable of landing on water, that is in Australian waters.

(2) An inspector may, with such assistance as he thinks necessary, board any vessel, aircraft or platform to which this section applies for the purpose of exercising the functions of an inspector in accordance with section 31 if he believes on reasonable grounds that there is in, or on, that vessel, aircraft or platform -

(a) any matter or thing that is to be dumped into the sea or incinerated at sea; or

(b) any matter or thing that may afford evidence as to the commission of an offence against this Act,
and, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft.

(3) An inspector may require any person on board a vessel, aircraft or platform to which this section applies whom he finds committing, or whom he suspects on reasonable grounds of having committed, an offence against this Act to state his full name and usual place of residence.

(4) Where an inspector believes on reasonable grounds that a vessel to which this section applies and that is in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he may bring, or require the person in charge of the vessel to bring, the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel.

(5) An inspector may, for the purposes of this Act, require the person in charge of a vessel, aircraft or platform to which this section applies to give information concerning the vessel, aircraft or platform and her crew and any other person on board the vessel, aircraft or platform.

(6) Where an inspector (other than a member of a police force who is in uniform) boards a vessel, aircraft or platform to which this section applies, he shall -

(a) in the case of a member of a police force - produce, for inspection by

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the person in charge of that vessel, aircraft or platform, written evidence of the fact that he is a member of that police force; or

(b) in any other case - produce his identity card for inspection by that person, and, if he fails to do so, he is not authorized to remain, or to require any person assisting him to remain, on board that vessel, aircraft or platform or to detain that vessel or aircraft.

(7) Where an inspector (other than a member of a police force who is in uniform) makes a requirement of a person under this section, the inspector shall -

(a) in the case of a member of a police force - produce, for inspection by that person, written evidence of the fact that he is a member of that police force; or

(b) in any other case - produce his identity card for inspection by that person, and, if he fails to do so, that person is not obliged to comply with the requirement.

(8) A person who, without reasonable excuse, fails to comply with a requirement made of him by an inspector under this section is guilty of an offence punishable on conviction by a fine not exceeding $2,000.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 30.
Access to premises

30. (1) An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 31.

(2) Where an inspector has reason to believe that there is on premises -

(a) any matter or thing that is to be dumped into the sea or incinerated at sea; or

(b) any matter or thing that may afford evidence as to the commission of an offence against this Act, the inspector may make application to a Justice of the Peace for a warrant authorizing the inspector to enter the premises for the purpose of exercising the functions of an inspector in accordance with section 31.

(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation -

(a) that there is reasonable ground for believing that there is on the premises to which the application relates -

(i) any matter or thing that is to be dumped into the sea or incinerated at sea; or

(ii) any matter or thing that may afford evidence as to the commission of an offence against this Act; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act, the Justice of the Peace may grant a warrant authorizing the inspector, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specified or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an inspector in accordance with section 31.

(4) Where an inspector has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an inspector in accordance with section 31.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 31.
Functions of inspector

31. (1) The functions of an inspector who boards a vessel, aircraft or platform under section 29 or enters premises under section 30 are as follows:

(a) to search for, and take possession of, any matter or thing that may afford evidence as to the commission of an offence against this Act;

(b) to search for, inspect, take extracts from and make copies of any document that relates to the loading, dumping or incineration at sea of any matter or thing;

(c) to inspect, and take samples of, any wastes or other matter;

(d) to observe -

(i) the loading on a vessel or aircraft, in accordance with a permit, of any matter or thing that is to be dumped into the sea or incinerated at sea; or

(ii) the dumping into the sea, or the incineration at sea, in accordance with a permit, of any matter or thing.

(2) For the purposes of carrying out his functions under sub-section (1), an

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inspector may break open any hold or compartment, or any container or other receptacle, on a vessel, aircraft or platform or on any premises.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 32.
Powers of arrest of inspectors

32. (1) An inspector may, without warrant, arrest any person, if the inspector believes on reasonable grounds that -

(a) the person is committing or has committed an offence against this Act; and

(b) proceedings against the person by summons would not be effective.

(2) Where an inspector (other than a member of a police force who is in uniform) arrests a person under sub-section (1), the inspector shall -

(a) in the case of a member of a police force - produce, for inspection by that person, written evidence of the fact that he is a member of that police force; or

(b) in any other case - produce his identity card for inspection by that person.

(3) Where a person is arrested under sub-section (1), an inspector shall forthwith bring the person, or cause him to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law.

(4) Nothing in this section prevents the arrest of a person in accordance with any other law.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 33.
Injunction

33. (1) A prescribed court of a State or Territory may -

(a) upon application by the Attorney-General or by an interested person, grant an injunction restraining a person from engaging in conduct that constitutes, or would constitute, an offence against section 10, 11, 12 or 14; and

(b) make any order incidental or supplementary to an order made on an application under paragraph (a), including an order as to costs.

(2) The reference in paragraph (1) (a) to an interested person shall be read as including a reference to a person whose use or enjoyment of any part of the sea, or of the air space above, or of the seabed or subsoil beneath, any part of the sea, is, or is likely to be, adversely affected by the conduct concerned.

(3) The reference in paragraph (1) (a) to engaging in conduct shall be read as including a reference to -

(a) doing, refusing to do or refraining from doing, any act or thing; or

(b) causing or permitting another person to do, refuse to do or refrain from doing, any act or thing.

(4) Each prescribed court of a State is invested with federal jurisdiction, and jurisdiction is conferred, to the extent that the Constitution permits, on each prescribed court of a Territory, to hear and to determine proceedings instituted in that court under this section.

(5) In this section, "prescribed court", in relation to a State or Territory, means a court of the State or Territory that is declared by the regulations to be a prescribed court in relation to the State or Territory, as the case may be, for the purposes of this section.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 34.
Delegation

34. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 35.
False statements

35. (1) A person who, in, or in connection with, an application for a permit -

(a) makes a statement that, to his knowledge, is false or misleading in a material particular; or

(b) furnishes to an officer or other person doing duty in relation to this Act a document that, to the knowledge of the first-mentioned person, contains information that is false or misleading in a material particular,
is guilty of an offence against this sub-section punishable, on conviction, by -

(c) if the person is a natural person - a penalty not exceeding a fine of
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$5,000 or imprisonment for 2 years or both; or

(d) if the person is a body corporate - a fine not exceeding $20,000.

(2) A person who -

(a) makes to an inspector doing duty in relation to this Act a statement that, to the knowledge of the person, is false or misleading in a material particular; or

(b) furnishes to an inspector doing duty in relation to this Act a document that, to the knowledge of the person, contains information that is false or misleading in a material particular,
is guilty of an offence against this sub-section punishable, on conviction, by a fine not exceeding -

(c) if the person is a natural person - $1,000; or

(d) if the person is a body corporate - $2,000.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 36.
Compliance with conditions of permit

36. The holder of a permit who contravenes, or fails to comply with, a condition imposed in respect of the permit is guilty of an offence punishable, on conviction, by a fine not exceeding -

(a) if the person is a natural person - $5,000; or

(b) if the person is a body corporate - $10,000.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 37.
Indictable offences

37. (1) An offence against section 10, 11, 12 or 14 or sub-section 17 (5) 35 (1) is an indictable offence.

(2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 10, 11, 12 or 14 or sub-section 17 (5), the penalty that the court may impose is a fine not exceeding -

(a) if the person is a natural person - $2,000; or

(b) if the person is a body corporate - $5,000.

(4) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 35 (1), the penalty that the court may impose is -

(a) if the person is a natural person - a penalty not exceeding a fine of $2,000 or imprisonment for 12 months or both; or

(b) if the person is a body corporate - a fine not exceeding $5,000.

(5) For the purposes of this section, an offence created by section 7 of the Crimes Act 1914 shall, to the extent that it relates to an offence against a provision referred to in sub-section (1), be deemed to be an offence against that provision.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 38.
Evidence

38. In any proceedings for an offence against this Act -

(a) any record kept in pursuance of the regulations is admissible as prima facie evidence of the facts stated in the record;

(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

(c) a document purporting to be a record kept in pursuance of the regulations, or purporting to be such a certified copy as is referred to in paragraph (b), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 39.
Evidence of analyst

39. (1) The Minister may appoint a person to be an analyst for the purposes of this Act.

(2) Subject to sub-section (4), a certificate of an analyst appointed under sub-section (1) stating that he has analyzed or examined a substance and stating the result of his analysis or examination is admissible in any proceeding under this Act as prima facie evidence of the matters in the certificate and of the correctness of the result of the analysis or

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examination.

(3) For the purposes of this section, a document purporting to be a certificate referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

(4) A certificate shall not be admitted in evidence in pursuance of sub-section (2) in proceedings for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 40.
Fees

40. (1) The regulations may prescribe the fees to be paid in respect of an application for a permit or of any other application under this Act.

(2) A fee prescribed in respect of an application under this Act shall be paid when the application is made or at such other time (if any) as is prescribed and, if the fee is not so paid, the application shall be deemed not to be duly made.

(3) The Minister may, if he considers it necessary or desirable to do so, waive the payment of any fee payable in respect of an application and, if he does so, sub-section (2) does not apply in relation to that application.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT. 41.
Regulations

41. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular -

(a) providing for the manner of service of notices under this Act; and

(b) providing for the imposition of penalties not exceeding $500.

(2) Regulations under sub-section (1) may declare that a specified area of sea on the seaward side of the territorial sea of Australia or the territorial sea of an external Territory is included in Australian waters for the purposes of this Act.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SCHEDULE 1

SCHEDULE 1 Section 4

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

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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 1

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.

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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 substance of any kind, form or
description.

5. "Special 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
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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

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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

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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
man-made
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

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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 consulation 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

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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:

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(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.

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.

*Signatures omitted

The consultative procedure provided for under Article XIV should be followed by
a Party if there is

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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 )
lead )
copper )and their compounds
zinc )
organosilicon compounds
cyanides
fluorides
pesticides and their by-products not covered in Annex I.

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 )
chromium )
nickel )and their compounds
vanadium )

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.

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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.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SCHEDULE 2

SCHEDULE 2 Section 4

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Resolution adopted on 12 October 1978

THE THIRD CONSULTATIVE MEETING,

RECALLING Article I of the Convention on the Prevention of Marine Pollution
by Dumping of
Wastes and Other Matter, which provides that Contracting Parties shall
individually and collectively
promote the effective control of all sources of pollution of the marine
environment,

HAVING NOTED the use of incineration at sea as a means of disposal of wastes
containing
highly toxic substances and the consequent risks of marine and atmospheric
pollution which may
result from this process,

DESIRING to prevent such pollution and to minimize the risk of hazards to
other vessels or
interference with other legitimate uses of the sea which could arise from
incineration operations at
sea,

RECOGNIZING present methods of incineration at sea as being an interim method
of disposal
of wastes pending the development of environmentally better solutions,
considering at all times the
best available technology,

AFFIRMING that the intention of the adoption of mandatory provisions for the
control of
incineration at sea is not to increase the amounts and kinds of wastes or other
matter incinerated at
sea for which there are available practical alternative land-based methods of
treatment, disposal or
elimination,

REAFFIRMING that, in accordance with Article IV (3) of the Convention,
Contracting Parties
can apply additional regulations for incineration at sea on a national basis,

NOTING that Article VIII of the Convention encourages Contracting Parties,
within the
framework
of regional conventions, to develop further agreements reflecting the
conditions of the
geographical area concerned,

RECALLING the decision of the Second Consultative Meeting that provisions for
the control of
incineration at sea should be implemented by Contracting Parties on a mandatory
basis in the form
of a legal instrument adopted within the framework of the Convention (LDCII/11,
Annex II),

HAVING CONSIDERED the proposed amendments to the Annexes of the Convention for the
control of incineration at sea contained in the Report of the Ad Hoc Group of
Legal Experts on
Dumping,

LDC III/12
ANNEX 3
Page 2

ADOPTS the following amendments to the Annexes to the Convention in accordance with
Articles XIV (4) (a) and XV (2) thereof:

(a) addition of a paragraph 10 to Annex I;

(b) addition of a paragraph E to Annex II; and

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(c) addition of an Addendum to Annex I, containing Regulations for the Control of Incineration
of Wastes and Other Matter at Sea.

the texts of which are set out in Attachment to this Resolution,

ENTRUSTS the Inter-Governmental Maritime Consultative Organization with the
task of
ensuring, in collaboration with the Governments of France, Spain, the Union of
Soviet Socialist
Republics and the United Kingdom, that the texts of the above Amendments are
drawn up by
1 December 1978 in all official languages of the Convention with the linguistic
consistency in each
text, which would then become the authentic text of the Annexes to the
Convention in the English,
French, Russian and Spanish languages,

RESOLVES that for the purposes of Articles XIV (4) (a) and XV (2) of the
Convention, 1
December
1978 shall be treated as the date of the adoption of the amendments,

REQUESTS the Secretary-General of the Organization to inform Contracting
Parties of the
above-mentioned amendments,

REQUESTS the Ad Hoc Group on Incineration at Sea to prepare draft Technical
Guidelines for
the Control of Incineration of Wastes and Other Matter at Sea with a view to
adoption by the Fourth
Consultative Meeting,

INVITES Contracting Parties to implement, as an interim measure, the existing
Technical
Guidelines (LDCII/11, Annex II, with amendments (IAS/9, Annex IV)) and the
notification procedure
set out in Annex 2 to LDC III/12.

LDC III/12
ANNEX 3
Page 3
Attachment

Amendments to Annexes to the

CONVENTION ON THE PREVENTION OF MARINE POLLUTION
BY DUMPING OF WASTES AND OTHER MATTER

concerning incineration at sea

The following paragraph shall be added to Annex I:

10. Paragraphs 1 and 5 of this Annex do not apply to the disposal of wastes or
other matter referred
to in these paragraphs by means of incineration at sea. Incineration of such
wastes or other matter
at sea requires a prior special permit. In the issue of special permits for
incineration the Contracting
Parties shall apply the Regulations for the Control of Incineration of Wastes
and Other Matter at
Sea set forth in the Addendum to this Annex (which shall constitute an integral
part of this Annex)
and take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other
Matter at Sea adopted by the Contracting Parties in consultation.

The following paragraph shall be added to Annex II:

E. In the issue of special permits for the incineration of substances and
materials listed in this Annex,
the Contracting Parties shall apply the Regulations for the Control of
Incineration of Wastes and
Other Matter at Sea set forth in the Addendum to Annex I and take full
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account
of the Technical
Guidelines on the Control of Incineration of Wastes and Other Matter at Sea
adopted by the
Contracting Parties in consultation, to the extent specified in these
Regulations and Guidelines.

ADDENDUM

(to Annex I)

REGULATIONS FOR THE CONTROL OF INCINERATION OF
WASTES AND OTHER MATTER AT SEA

PART I

REGULATION 1

Definitions

For the purposes of this Addendum:

(1) "Marine incinceration facility" means a vessel, platform, or other man-made
structure operating
for the purpose of incineration at sea.

(2) "Incineration at sea" means the deliberate combustion of wastes or other
matter on marine
incineration facilities for the purpose of their thermal destruction. Activities incidental to the normal
operation of vessels, platforms or other man-made structures are excluded from
the scope of this
definition.

REGULATION 2

Application

(1) Part II of these Regulations shall apply to the following wastes or other
matter:

(a) those referred to in paragraph 1 of Annex I;

(b) pesticides and their by-products not covered in Annex I.

(2) Contracting Parties shall first consider the practical availability of
alternative land-based methods
of treatment, disposal or elimination, or of treatment to render the wastes or
other matter less harmful,
before issuing a permit for incineration at sea in accordance with these
Regulations. Incineration at
sea shall in no way be interpreted as discouraging progress towards
environmentally better solutions
including the development of new techniques.

(3) Incineration at sea of wastes or other matter referred to in paragraph 10 of Annex I and paragraph
E of Annex II, other than those referred to in paragraph (1) of this Regulation, shall be controlled to
the satisfaction of the Contracting Party issuing the special permit.

(4) Incineration at sea of wastes or other matter not referred to in paragraphs
(1) and (3) of this
Regulation shall be subject to a general permit.

(5) In the issue of permits referred to in paragraphs (3) and (4) of this
Regulation, the Contracting
Parties shall take full account of all applicable provisions of these
Regulations and the Technical
Guidelines on the Control of Incineration of Waste and Other Matter at Sea for
the waste in question.

PART II

REGULATION 3

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Approval and Surveys of the Incineration System

(1) The incineration system for every proposed marine incineration facility
shall be subject to the
surveys specified below. In accordance with Article VII (1) of the Convention,
the Contracting
Party which proposes to issue an incineration permit shall ensure that the
surveys of the marine
incineration facility to be used have been completed and the incineration system complies with the
provisions of these Regulations. If the initial survey is carried out under the
direction of a Contracting
Party a special permit, which specifies the testing requirements, shall be
issued by the Party. The
results of each survey shall be recorded in a survey report.

(a) An initial survey shall be carried out in order to ensure that during the
incineration of waste
and other matter combustion and destruction efficiencies are in excess of 99.9
per cent.

(b) As a part of the initial survey the State under whose direction the survey is being carried out
shall:

(i) approve the siting, type and manner of use of temperature measuring
devices;

(ii) approve the gas sampling system including probe locations, analytical
devices, and the
manner of recording;

(iii) ensure that approved devices have been installed to automatically shut off the feed of
waste to the incinerator if the temperature drops below approved minimum
temperatures;

(iv) ensure that there are no means of disposing of wastes or other matter
from the marine
incineration facility except by means of the incinerator during normal
operations;

(v) approve the devices by which feed rates of waste and fuel are controlled and recorded;

(vi) confirm the performance of the incineration system by testing under
intensive stack
monitoring, including the measurements of O2, CO, CO2, halogenated organic
content,
and total hydrocarbon content using wastes typical of those expected to be
incinerated.

(c) The incineration system shall be surveyed at least every two years to
ensure that the incinerator
continues to comply with these Regulations. The scope of the biennial survey
shall be based
upon an evaluation of operating data and maintenance records for the previous
two years.

(2) Following the satisfactory completion of a survey, a form of approval shall
be issued by a
Contracting Party if the incineration system is found to be in compliance with
these Regulations.
A copy of the survey report shall be attached to the form of approval. A form of approval issued by
a Contracting Party shall be recognized by other Contracting Parties unless
there are clear grounds
for believing that the incineration system is not in compliance with these
Regulations. A copy of each
form of approval and survey report shall be submitted to the Organization.


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(3) After any survey has been completed, no significant changes which could
affect the performance
of the incineration system shall be made without approval of the Contracting
Party which has issued
the form of approval.

REGULATION 4

Wastes Requiring Special Studies

(1) Where a Contracting Party has doubts as to the thermal destructibility of
the wastes or other
matter proposed for incineration, pilot scale tests shall be undertaken.

(2) Where a Contracting Party proposes to permit incineration of wastes or other matter over which
doubts as to the efficiency of combustion exist, the incineration system shall
be subject to the same
intensive stack monitoring as required for the initial incineration system
survey. Consideration shall
be given to the sampling of particulates, taking into account the solid content
of the wastes.

(3) The minimum approved flame temperature shall be that specified in Regulation 5 unless the results
of tests of the marine incineration facility demonstrate that the required
combustion and destruction
efficiency can be achieved at a lower temperature.

(4) The results of special studies referred to in paragraphs (1), (2) and (3) of this Regulation shall be
recorded and attached to the survey report. A copy shall be sent to the
Organization.

REGULATION 5

Operational Requirements

(1) The operation of the incineration system shall be controlled so as to ensure that the incineration
of wastes or other matter does not take place at a flame temperature less than
1250 degrees centigrade,
except as provided for in Regulation 4.

(2) The combustion efficiency shall be at least 99.95 + or - 0.05% based on:

Cco2 - Cco
Combustion efficiency = ---------- x 100
Cco2

where Cco2 = concentration of carbon dioxide in the combustion gases

Cco = concentration of carbon monoxide in the combustion gases.

(3) There shall be no black smoke nor flame extension above the plane of the
stack.

(4) The marine incineration facility shall reply promptly to radio calls at all
times during the
incineration.

REGULATION 6

Recording Devices and Records

(1) Marine incineration facilities shall utilize recording devices or methods as approved under
Regulation 3. As a minimum, the following data shall be recorded during each
incineration operation
and retained for inspection by the Contracting Party who has issued the permit:

(a) continuous temperature measurements by approved temperature measuring
devices;

(b) date and time during incineration and record of waste being

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incinerated;

(c) vessel position by appropriate navigational means;

(d) feed rates of waste and fuel - for liquid wastes and fuel the flow rate
shall be continuously
recorded; the latter requirement does not apply to vessels operating on or
before 1 January
1979;

(e) CO and CO2 concentration in combustion gases;

(f) vessel's course and speed.

(2) Approval forms issued, copies of survey reports prepared in accordance with
Regulation 3 and
copies of incineration permits issued for the wastes or other matter to be
incinerated on the facility
by a Contracting Party shall be kept at the marine incineration facility.

REGULATION 7

Control over the Nature of Wastes Incinerated

A permit application for the incineration of wastes or other matter at sea
shall include information
on the characteristics of wastes or other matter sufficient to comply with the
requirements of
Regulation 9.

REGULATION 8

Incineration Sites

(1) Provisions to be considered in establishing criteria governing the selection of incineration sites
shall include, in addition to those listed in Annex III to the Convention, the
following:

(a) the atmospheric dispersal characteristics of the area - including wind
speed and direction,
atmospheric stability, frequency of inversions and fog, precipitation types and
amounts,
humidity - in order to determine the potential impact on the surrounding
environment of
pollutants released from the marine incineration facility, giving particular
attention to the
possibility of atmospheric transport of pollutants to coastal areas;

(b) oceanic dispersal characteristics of the area in order to evaluate the
potential impact of plume
interaction with the water surface;

(c) availability of navigational aids.

(2) The coordinates of permanently designated incineration zones shall be widely disseminated and
communicated to the Organization.

REGULATION 9

Notification

Contracting Parties shall comply with notification procedures adopted by the
Parties in
consultation.

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SCHEDULE 3

SCHEDULE 3 Section 4

Resolution adopted on 24 September 1980

THE FIFTH CONSULTATIVE MEETING,


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Recalling Article I of the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter, which provides that Contracting Parties shall
individually and collectively
promote the effective control of all sources of pollution of the marine
environment,

NOTING that in accordance with Article XV of the Convention amendments to the
Annexes of
the Convention shall be based on scientific or technical considerations,

HAVING CONSIDERED the proposed amendments to the Annexes I and II of the
Convention
and the scientific background material thereto brought forward by the Ad Hoc
Scientific Working
Group on Dumping,

RECALLING the decision of the Fourth Consultative Meeting that the amendments
to the Annexes
I and II to the Convention should be implemented by Contracting Parties on a
voluntary basis
until their formal adoption,

ADOPTS the following amendments to the Annexes to the Convention in accordance with Article
XV (2) thereof:

(a) the amendment of paragraph 5 to Annex I;

(b) the addition of a paragraph F to Annex II,

the texts of which are set out in Attachment to this Resolution;

ENTRUSTS the Inter-Governmental Maritime Consultative Organization with the
task of
ensuring, in collaboration with the Governments of France, Spain, the Union of
Soviet Socialist
Republics and the United Kingdom, that the texts of the above amendments are
drawn up by
1 December 1980 in all official languages of the Convention with the linguistic
consistency in each
text, which would then become the authentic text of the Annexes to the
Convention in the English,
French, Russian and Spanish languages,

RESOLVES that for the purposes of Articles XIV (4) (a) and XV (2) of the
Convention, 1 December
1980 shall be treated as the date of the adoption of the amendments,

REQUESTS the Secretary-General of the Organization to inform Contracting
Parties of the
above-mentioned amendments.

Attachment

AMENDMENTS TO ANNEXES TO THE CONVENTION ON THE
PREVENTION OF MARINE POLLUTION BY DUMPING OF
WASTES AND OTHER MATTER

Paragraph 5 of Annex I shall be amended as follows:

"5 Crude oil and its wastes, refined petroleum products, petroleum distillate
residues, and any
mixtures containing any of these, taken on board for the purposes of dumping."

The following paragraph shall be added to Annex II:

"F Substances which, though of a non-toxic nature, may become harmful due to
the quantities
in which they are dumped, or which are liable to seriously reduce amenities."

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - NOTE


NOTE

1. Act No. 101, 1981; assented to 24 June 1981