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International Marine Issues
Number 1
Environment Australia, February 2002
At the request of the Association of Australian Ports and Marine Authorities Incorporated (AAPMA), Environment Australia (EA) has prepared this newsletter, the first of a series, to provide AAPMA members and industry generally with information about the London Convention and the Protocol, Australia's participation at London Convention meetings, and details of opportunities for industry participation.
Subsequent newsletters, which will be circulated after future meetings, will detail outcomes of those meetings, particularly as they may be of interest to organisations engaged in dredging and sea dumping.
Australia is one of 78 Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (the London Convention), and has been since 1985, when it formally acceded to that treaty.
Australia's accession to the London Convention occurred after commencement of the Environment Protection (Sea Dumping) Act 1981 (the Sea Dumping Act), the Commonwealth legislative framework which, as originally enacted, implemented the London Convention.
The London Convention is aimed at promoting the effective control of pollution of the marine environment, by regulating the dumping of wastes and other matter1 that is liable to:
It embodies a framework for regulating dumping into the sea from vessels, aircraft and platforms, based on a list of substances for which dumping is prohibited and list of substances requiring special care, and the incineration at sea based on incineration guidelines.
The London Convention does not apply, however, in relation to:
In 1993, Contracting Parties adopted amendments to the London Convention to phase out the dumping of industrial waste by 1 January 1996, prohibit incineration at sea of industrial waste and sewage sludge, and prohibit dumping of radioactive waste.
Each of these amendments were subsequently adopted by Australia, with the exception of the phasing out of the dumping of industrial waste, which Australia didn't achieve until late 19973.
In 1996, Contracting Parties to the London Convention, including Australia, adopted the 1996 Protocol to the London Convention (the Protocol), which, when it enters into force, will supersede the London Convention.
Under the Protocol, Contracting Parties are obliged to take effective measures, according to their scientific, technical and economic capabilities, to reduce and where practicable eliminate pollution caused by dumping into the sea.
The Protocol embodies a more simplified, modern and comprehensive regulatory framework than the London Convention that is intended to provide greater protection to the marine environment.
Unlike the London Convention, the Protocol prohibits the dumping of all wastes or other matter into the sea, other than seven identified categories (Annex 1), subject to specific criteria being met (Annex 2). These wastes or other matter are:
Under Annex 2, permit applicants are required to conduct a waste prevention audit; formulate alternative waste management strategies; screen all candidate wastes against a contaminant thresholds determined by each party (that is, an 'action list'); assess the impact of dumping on the marine environment and monitor the results. Guidance is also given on dumpsite selection.
The Protocol also prohibits incineration at sea and the export of substances for dumping into the sea or incineration at sea, although it is important to note that there is an emergency situation exemption in respect of these dumping and incineration rules.
The sovereign immunity, normal operations and seabed mining exemptions provided by the London Convention, as outlined above, are also incorporated into the Protocol.
Australia signed the Protocol on 25 March 1998, thereby expressing its intention to be bound by that agreement, and on 19 July 2000, amendments to the Sea Dumping Act were passed4 by the Commonwealth Parliament to implement the Protocol.
On 4 December 2000, Australia formally ratified the Protocol by lodging an instrument of ratification with the Secretary General of the International Maritime Organization.
Under international law, Australia is still bound by the London Convention, until entry into force of the Protocol. Domestically, however, we now implement the Protocol, and, accordingly, dumping arrangements are subject to that framework, as applied under the Sea Dumping Act5.
As a Contracting Party, Australia attends both the Consultative Meetings and the Scientific Group Meetings of the London Convention.
The Consultative Meeting is the legal and policy body of Contracting Parties, with meetings held annually in London.
The primary function of this meeting is to oversee and make recommendations in respect of the legal, administrative and financial arrangements for Consultative and Scientific Group Meetings, to interpret the London Convention, and to provide a forum for members to raise issues for information, discussion or action.
The Consultative Meeting also oversees the work program of the Scientific Group
Recent key initiatives of the Consultative Meeting include:
The Scientific Group is the technical body of Contracting Parties, which initially also met annually in London. In recent years, however, meetings have alternated between London, every second year, and, in conjunction with a regional workshop, in a nominated Country, in the intervening years (South Africa in 1998, Australia in 2000 and Jamaica for 2002).
The primary role of the Scientific Group is to consider and report on technical aspects related to the interpretation, implementation and promotion of the London Convention and the Protocol, under the direction of the Consultative Meeting.
Recent key initiatives of the Scientific Group include:
At future meetings, the Scientific Group will complete sampling guidelines for dredged material characterisation and guidance on the selection of physical, chemical and biological parameters for the assessment of dredged material.
These, and other guidance prepared by the Scientific Group are primarily intended to assist developing nations in management of sea disposal activities, rather than to provide a yardstick by which the frameworks of developed nations are measured.
Attendance at these meetings is open representatives of the Governments of Member States (that is, Contracting Parties), Governments of Observer States (that is, Non-Contracting Parties) and Government and Non-Government Organisations afforded observer status.
Government and Non-Government Observers include Greenpeace International, the International Union for the Conservation of Nature, the International Association of Ports and Harbours, World Organisation of Dredging Associations and the Permanent International Association of Navigation Congress.
At the 23rd Scientific Group Meeting, which was hosted by Australia in Townsville in May 2000, and at the 24th Scientific Group Meeting held in London in May 2001, the Australian Delegation included representatives of Australian Ports (specifically, Ms Caryn Anderson, formerly of Townsville Port Authority, and Dr Rick Morton, of the Port of Brisbane Corporation).
This collaborative arrangement for Scientific Group Meetings was an initiative agreed between government and industry to better enable Australia to showcase its regulatory framework and environmental standards, and its wealth of technical expertise.
Given the success of these arrangements, and the benefits and opportunities it offers to both government and industry, EA is keen to continue industry representation on the Australian Delegation at future meetings of the Scientific Group.
In particular, EA is interested in sponsoring opportunities for Australian Industry representatives to showcase their expertise relevant to this forum, including significant marine monitoring and research programs that ports in this country have undertaken.
To this end, Australia is keen to present to the Jamaica Workshop, which will precede the 25th Scientific Group Meeting in May 2002, information on dredging and dumping, and marine environment monitoring, with a particular emphasis on information that may be of interest to the Caribbean region.
Equally, EA would like to be able to present one or more Australian case studies at the 25th Scientific Group Meeting on environmental monitoring in relation to dredging and dumping programs.
Through AAPMA, EA would like to hear from Australian industry representatives who may be interested in participating in the Jamaica Workshop.
Further details, including an agenda, in respect of both the Jamaica Workshop and the 25th Scientific Group Meeting can be obtained from Mr Edward Kleverlaan, Marine and International Section, Department of the Environment and Heritage (email: edward.kleverlaan@deh.gov.au, tel: (02) 6274 1750, fax: (02) 6274 1006.
Any other enquiries regards the London Convention or the Protocol can be directed to Edward Kleverlaan.
1 Wastes or other matter is defined broadly in both the London Convention and the Protocol, so as to effectively encompass all matter.
2 Note, whilst there is an exemption under the Sea Dumping Act in respect of vessels and aircraft of the Australian Defence Force, this exemption is narrower than is provided under the London Convention and the Protocol. Rather, the ADF exemption only applies in relation to a situation of armed conflict, or another emergency situation. In all other circumstances, the ADF is required to comply with the London Convention and the Protocol, as implemented by the Sea Dumping Act.
3 Australia continued to permit Pasminco to dump jarosite generated from its Tasmanian plant until October 1997.
4 Subsequently commencing to have effect on 16 August 2000
5 By complying with the Protocol, Australia meets its obligations under the London Convention.