Marine Pollution Prevention Amendment Bill Overview

The Marine Pollution (Prevention of Pollution from Ships) Amendment Bill aims to incorporate MARPOL Annex IV and Annex VI to regulate sewage treatment, reduce marine pollution, and address ship energy efficiency and GHG emissions. The bill seeks to enhance environmental protection by restricting sewage discharge and reducing harmful substances from ships. Various proposed amendments will address gaps and challenges to improve the maritime environment.

• Marine Pollution
• Amendment Bill
• MARPOL
• Environmental Protection
• Ship Pollution

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1. TITLE: MARINE POLLUTION (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT BILL, 2022

2. Presentation Overview 1. Purpose 2. Background 3. Objectives of the Bill 4. The Benefits of the incorporation of MARPOL annex iv and annex vi 5. Proposed amendments 6. Consultation 7. Recommendations 1

3. Purpose To obtain Portfolio Committee s approval for the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill be presented before Parliament.

4. Background South Africa is a party to the International Convention for the Prevention of Pollution from Ships, 1973 as amended by the Protocol of 1978. When the Convention was adopted by the IMO in 1973, five Annexes formed part of it and in 1997 the IMO adopted a Protocol. Through the 1997 Protocol, the 1973 International Convention was amended to include Annexure VI to the existing five Annexes.

5. Objectives of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill The Bill intends to incorporate MARPOL Annex IV and Annex VI. MARPOL Annex IV regulates the activities for treatment and safe disposal of sewage from ships. MARPOL Annex VI is the main global instrument that addresses ship energy efficiency management and GHG emissions.

6. The benefits of the incorporation of MARPOL annex iv and annex vi Restricting the discharge of sewage will reduce the nutrient loads (nitrogen and phosphorus) caused by sewage discharge from passenger ships into the sea. Prevention, reduction and control of marine pollution from the air, or indirectly through the air; and to preserve the maritime environment, through the complete elimination of pollution by oil and other harmful substances, as well as minimising the accidental discharge of such substances. Ships will be required to use fuel with no more than 0.50% Sulphur content or use approved fuel treatment systems called scrubbers.

7. Proposed amendments Sections to be amended Gaps /challenges that will be addressed through the amendments Amendments that will be made What it will read like when amended The benefit / impact of the amendment Clause 1 Section 1 Inclusion of Annexes IV and Annexes VI in the definition of the Convention Definition of the Convention so as to expand it to cater for annexes, regulations and protocols which will now form part of the this Bill 'Convention' means the international Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 adopted by the Inter- Governmental Maritime Consultative Organisation ( IMO ) in London on 17 February 1978, including any annexes, regulations and protocols which are issued in terms thereof and set out in the Schedule;". That, reference to convention will now mean the treaty in its entirety inclusive of all Annexes, i.e. Annexes; I, II, III, IV, V and VI

8. Proposed amendments continues Sections to be amended Gaps /challenges that will be addressed through the amendments Amendments that will be made What it will read like when amended The benefit / impact of the amendment Clause 2 Section 2 A Absence of the Convention into South African law. Incorporation of the Convention into South African law so as to enable it to have the force of law in the Republic of South Africa (1) Subject to the provisions of this Act, the Convention has the force of law in the Republic. (2) The Minister shall, as soon as practicable after the entry in to force for the Republic, of any amendment to the Convention, amend the schedule by notice in the Gazette, to reflect such amendment. By enacting domestic legislation, South Africa will now be in a position to give full effect to the treaties

9. Proposed amendments continues Sections to be amended Gaps /challenges that will be addressed through the amendments Amendments that will be made What it will read like when amended The benefit / impact of the amendment Clause 2 Section 2 B Absence of the technical standards Provides for the Authority to issue technical standards for marine pollution from ships on such matters as may be prescribed by regulation (1) The Authority may issue technical standards for marine pollution from ships on such matters as may be prescribed by regulation. (2) A technical standard shall have the force of law Enabler to the Authority to enforce compliance with technical standards so published in the manner as provided for in the Act

10. Proposed amendments continues Sections to be amended addressed through the amendments Gaps /challenges that will be Amendments that will be made What it will read like when amended The benefit / impact of the amendment Prevention of air pollution from ships; Prevention of pollution by sewage from ships; Removal of endocrine disrupting substances from sewage streams before it is treated and released; Permitted types of emission abatement equipment; Requirements for the disposal of waste generated by the mitigation equipment; Accredited laboratories eligible to test the fuel samples and the costs; Designation of Emission Control Areas (ECA); Enforcement of protective measures in particularly sensitive sea areas and other special areas; and Generally any other ancillary or incidental administrative or procedural matters that are necessary to prescribe for the proper implementation or administration of this Act. Clause 3 Section 3 Absence of the regulations for Annex IV and Annex VI To extend the Minister of Transport s powers to make regulations relating to the prevention of air pollution from ships, the prevention of pollution by sewage from ships and any other incidental administrative of procedural matter Regulations give a clear guidance on how to implement the principal Act.

11. Proposed amendments continues Sections to be amended Gaps /challenges that will be addressed through the amendments Amendments that will be made What it will read like when amended The benefit / impact of the amendment Clause 4 Section 3 A Internationally, the price has increased Increasing a fine in the event of non-compliance, from R500 000 to R10 million or to imprisonment for a period not exceeding 10 years as this would serve as a deterrence to possible non-compliance Any person convicted of an offence under subsection (1) shall be liable to a fine not exceeding R10 million, or to imprisonment for a period not exceeding 10 years or to such fine as well as such imprisonment South Africa would have been able to translate the Zero tolerance of pollution of the marine environment by making non compliance very costly.

12. Proposed amendments continues Sections to be amended be addressed through the amendments Gaps /challenges that will Amendments that will be made What it will read like when amended The benefit / impact of the amendment Clause 5 Section 3 B Absence of the Advisory Committed to ensure the implementation of the Convention Grants the Minister powers that if exercised, will be instrumental to the proper implementation of this Bill The Minister may (a) appoint an advisory committee to advise him or her in regard to any particular matter dealt with by this Act; (b) conclude a co-operative agreement with other states; (c) delegate or assign a duty to any official of the Department in regard to any matter dealt with by this Act, with the exception of the power to make regulations and the powers contemplated in paragraphs (a) and (b) of this section Enable the Minister to ensure the implementatio n of the Convention through cooperation with other parties to the Convention.

13. Proposed amendments continues Sections to be amended Gaps /challenges that will be addressed through the amendments Amendments that will be made What it will read like when amended The benefit / impact of the amendment Schedule of the Act Absence of annexes iv and vi Inclusion of annexes iv and vi in the schedule of the Act Schedule to the principal Act is hereby amended by the addition of Annex IV and Annex VI, respectively, as provided in the Schedule to this Act. annexes iv and vi will now form part of the Act

14. Consultation South African Maritime Safety Authority (SAMSA) Ports Regulator of South Africa (PRSA) Department of Environment, Fisheries and Forestry (DEFF) Transnet National Ports Authority (TNPA) Academia Ship owners Ship associations Economic Sectors, Investment, Employment and Infrastructure Development (ESIEID) Cluster. Governance, State Capacity and Institutional Development (GSCID) Cluster. Global and Continental Affairs Committee (GCAC) International, Cooperation Trade & Security (ICTS) Cabinet

15. Recommendations It is recommended that Portfolio Committee approves that, the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill be presented before Parliament.