T OPIC 3 International and Domestic Environmental Regulation

S UB TOPIC 1.0 Maritime Protection regulations 1.1 Ballast Water Management 1.2 Prevention of pollution from ships 1.3 Control of harmful Anti-fouling system on ships 2.0 Environmental Protection Regulations 2.1 MARPOL 73/ Protocol Oil Pollution, response and co-operation 1990(OPRC) 3.0 Resources Management Regulations 3.1 Dumping of waste 3.2 Incineration of waste in marine Incineration facility 3.3 Discharge of Garbage 3.4 Discharge of sewage in coastal marine area 3.5 Discharge of noxious liquid substances

4.0 Deep water and offshore Environmental regulations 4.1 Integration of Environmental with Health and Safety Regulation 4.2 HSE Frameworks 4.3 Environmental Framework based on EIA and Public Notification 4.4 Safety Case Approach

1.0 M ARITIME P ROTECTION REGULATIONS The world committee is committed towards ENVIRONMENTAL Development of a superior regulatory regime. The committee also undertakes a range of tasks and functions. promoting IMO and IOPC members interests. Consider marine environment protection and liability and compensation issues. developing legislation to implement new regulation`s / amended Conventions.

1.1 B ALLAST WATER M ANAGEMENT IMO participates in international forums concerned. Marine Environment Protection Committee (MEPC)/ Maritime Safety Committee (MSC) have developed the International Convention for the Control and Management of Ships' Ballast Water and Sediments (the Convention). The Convention was adopted by the IMO in February Aims to provide uniform international ballast water management arrangements for the shipping industry and protect the marine environment from pest incursions.

New Ballast Water Management System

1.2 P REVENTION OF POLLUTION FROM SHIPS The Marine Environments Protection Committee is the IMO major technical body. The most important convention regulating and preventing pollution is MARPOL73/78. MARPOL is regularly amended by MEPC The technical requirements of this Convention are included in six separate Annexes: 1. Annex I - Regulations for the Prevention of Pollution by Oil 2. Annex II - Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk 3. Annex III - Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form 4. Annex IV - Regulations for the Prevention of Pollution by Sewage from Ships 5. Annex V - Regulations for the Prevention of Pollution by Garbage from Ships 6. Annex VI - Regulations for the Prevention of Air Pollution from Ships.

1.3 C ONTROL OF HARMFUL A NTI - FOULING SYSTEM ON SHIPS Anti-fouling paints are used to inhibit growth of marine organisms to maintain the efficiency of vessels and infrastructure. The International Convention on the Control of Harmful Anti-fouling Systems on Ships (the HAFS Convention) was adopted by IMO on 5 October HAFS prohibits the use of harmful organotins in anti- fouling paints used on ships Establishes a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems. HAFS Convention applies: 1. Ships of 400 gross tons and above. 2. Engaged in international voyages. 3. To facilities used by the oil production industry.

The harmful environmental effects of organotin-based compounds, such as tributyltin (TBT) used in anti-fouling paints on vessel hulls and infrastructure

2.0 E NVIRONMENTAL PROTECTION REGULATION The current focus on environment is not new environmental considerations have been an integral part of the nation’s culture. There has been a change in the traditionally-held perception that there is a trade-off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary. Several environmental legislation existed but the real impetus for bringing about a well-developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972).

2.1 MARPOL 73/78 Marpol 73/78 is one of the most important international marine environmental conventions. It was designed to minimize pollution of the seas, including dumping, oil and exhaust pollution. Its stated object is to preserve the marine environment. It entered into force on 2 October As of 31 December 2005, 136 countries, representing 98% of the world's shipping tonnage, are parties to the Convention. All ships flagged under countries that are signatories to MARPOL are subject to its requirements. All six Annexes have been ratified by the requisite number of nations, the most recent is Annex VI, which took effect in May The country where a ship is registered (flag state) is responsible for certifying the ship’s compliance with MARPOL’s standards.

Each signatory nation is responsible for enacting domestic laws to implement the convention and effectively pledges to comply with the convention, annexes, and related laws of other nations. The country that the ship visits can conduct its own examination to verify a ship’s compliance with international standards and can detain the ship if it finds significant non-compliance. In the United States, for example, the relevant implementation legislation is the Act to Prevent Pollution from ships.

2.2 P ROTOCOL 1996 Protocol 1996 refers to the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Known as the London Protocol. This convention prohibits the dumping of all waste except for a restricted group of materials. Wastes under the protocol comprise: 1. dredged material 2. sewage sludge 3. fish waste from industrial fish processing operations 4. vessels and platforms and other man-made structures at sea 5. inert, inorganic geological material 6. organic material of natural origin 7. bulky items primarily comprising iron, steel, concrete and similar harmless materials 8. CO2 streams from CO2 capture processes for sequestration

I ncineration of wastes at sea was initially permitted under the 1972 Convention. But this practice was ended in 1991 and is specifically prohibited by article 5 of the 1996 Protocol.

2.3 O IL P OLLUTION, RESPONSE AND CO - OPERATION 1990(OPRC) Its requires parties to take all appropriate measures to prepare for and respond to an oil pollution incident. (OPRC 90) is the international instrument and its provides: 1. provides a framework designed to facilitate international co- operation. 2. mutual assistance. 3. responding to major oil pollution incidents. 4. Requires States to plan and prepare by developing national systems for pollution response in their respective countries. 5. Maintaining adequate capacity and resources to address oil pollution emergencies.

The Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 ( OPRC-HNS Protocol ). Extends this regulatory framework to address pollution incidents involving hazardous and noxious substances. States which are party to the OPRC Convention and OPRC- HNS Protocol are required: 1. Establish a national system for responding to oil. 2. HNS pollution incidents. 3. Implementing national response systems. 4. Promote cooperation amongst Parties through the establishment of bilateral and multilateral agreements. 5. The mechanism for Parties to request assistance from any other state Party, when faced with a major pollution incident.

There are a number of key benefits for those States acceding to the instruments, notably: 1. A means for urgently accessing relevant technical assistance and response resources in incident. 2. A framework for the development of national and regional capacity to prepare for HNS. 3. Participation in a network for the exchange of new research and development information, best practices and practical experiences in HNS response. 4. Access to an international platform for co-operation and mutual assistance in preparing for, and responding to, major HNS pollution incidents.

3.0 R ESOURCES MANAGEMENT REGULATIONS Natural resource management is also congruent with the concept of sustainable developments. Specifically focuses on a scientific and technical understanding of resources and ecology and the life- supporting capacity of those resources. The regulation is to : I. Help local authorities understand. II. It provides guidance on the intent of the new Regulations. III. Approaches for local authorities to follow and matters for them to consider. IV. Implementation of the Resource Management. Local authorities can also use information in this guide to develop and deliver their own targeted stakeholders information once their current processes have been modified to accommodate the Regulations.

3.1 D UMPING OF WASTE Specified in the coastal marine area from any ship or offshore installation is deemed to be a prohibited activity in any regional coastal plan or proposed regional coastal plan. The dumping or storage of waste or other matter arising directly from, or related to, the exploration, exploitation, and associated offshore processing of, seabed mineral resources. Is deemed to be a discretionary activity in any dedicated are: 1. Dredge material 2. Sewage sludge 3. Fish processing waste from an onshore facility 4. Ships and platforms or other man-made structures at sea 5. Inert, inorganic geological material 6. Organic materials of natural origin

3.2 I NCINERATION OF WASTE IN MARINE I NCINERATION FACILITY Incineration is a wastes treatment process that involves the combustion of organic substances contained in waste materials. Its high temperature waste treatment systems are described as “ Thermal Treatment “. Its converts the waste into ash, flue gas, and heat. any marine incineration facility in the coastal marine area is deemed to be a prohibited activity.

3.3 D ISCHARGE OF G ARBAGE Discharge of plastics, dunnage, lining, and packaging materials in the coastal marine area from any ship is prohibited. The garbage has been comminute or ground to a particle size of 25 millimetres or less. The discharge of garbage in the coastal marine area from any offshore installation is prohibited. The discharge occurs at least: 1) (3 nm) seaward of the inner limits of the territorial sea. 2) (0.27 nm) from any offshore installation.

3.4 D ISCHARGE OF SEWAGE IN COASTAL MARINE AREA No person may discharge sewage in the coastal marine area from a ship or offshore installation unless that discharge occurs: 1. More than (0.27 nm) seaward from mean high water springs. 2. More than (0.27 nm) from a marine farm. 3. In water depths greater than 5 metres. 4. More than (0.108 nm) from a marine reserve. 5. More than (0.27 nm) from an area that the Minister of Fisheries has declared by notice in the Gazette to be.

3.5 D ISCHARGE OF NOXIOUS LIQUID SUBSTANCES According MARPOL 73/78 Annex II, categorisation and listing of noxious liquid substances. Any person may discharge noxious liquid substance if that part of a discharge of clean ballast water or segregated ballast water. This substances shall be divided into four: I. Category A: would present a major hazard II. Category B: would present a hazard III. Category C: would present a minor hazard IV. Category D : would present a recognisable hazard

4.0 D EEP WATER AND OFFSHORE E NVIRONMENTAL REGULATIONS After the Macondo disaster, members of the EU Parliament raised the questions of how robust the existing risk regulatory approaches for offshore health and safety regulation. EU Commission, and in October 2011 they presented a proposal for safety of offshore oil and gas activities.

Mancondo Disaster location

4.3 E NVIRONMENTAL F RAMEWORK BASED ON EIA AND P UBLIC N OTIFICATION Review Countries centers on an EIA approach with opportunity for public participation. for the installation and operation of facilities for transport and utilization of petroleum. The approaches to EIA in each regime are generally consistent and center on the operator first making an assessment. The basis for requiring an EIA is the nature of the activity being proposed.

ENVIRONMENTAL IMPACT ASSESSMENT EIA – formal process to predict the environmental consequences of a plan, policy or program. The purpose of the EIA is to ensure the decision made is the best decision and rational. For example, in the UK regime, an EIA is required to undertake field development, to construct a pipeline, or to drill a well. The Australian approach provides for streamlining of consenting approaches within the offshore regime where limited environmental impacts are considered likely.