International Conventions - Papua New Guinea National Maritime Safety Authority

The following IMO International Conventions/Protocols as well as Regional Protocols are implemented;

1. International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78)
   • Annex I – Prevention of Pollution by oil and oily water
   • Annex, II – Control of pollution by noxious liquid substances in bulk.
   • Annex III – Prevention of pollution by harmful substances carried by sea in packaged form.
   • Annex IV – Pollution by sewage from ships.
   • Annex V – Pollution by garbage from ships.
2. For The Prevention of Pollution of the South Pacific Region by Dumping -SPREP Dumping Protocol – Protocol for the Prevention of Pollution of the South Pacific Region by Dumping.

   Being Parties to the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, adopted in Noumea, New Caledonia on the twenty-fourth day of November in the year one thousand nine hundred and eighty-six;

   • Recognizing the danger posed to the marine environment by pollution caused by the dumping of waste or other matter;
   • Considering that they have a common interest to protect the South Pacific Region from this danger, taking into account the unique environmental quality of the region.
   • Desiring to enter into a regional agreement consistent with the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 as provided in Article VIII thereof according to which the Contracting Parties to that Convention have undertaken to endeavor to act consistently with the objectives and provisions of such regional agreement.
3. Intervention Convention – International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties.

   International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 (INTERVENTION 1969) is an international maritime convention affirming the right of a coastal State to “take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty”.

   The Convention applies to all seagoing vessels except warships or other vessels owned or operated by a State and used on Government non-commercial service.

   While exercising the right to take measures “necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests” from oil pollution, the coastal State is obligated to:

   • Prior to taking measures to consult other affected States, including the flag State, ship-owner, cargo owner and independent experts from the list maintained by the International Maritime Organization (excluding cases of extreme urgency requiring measures to be taken immediately);
   • Use its best endeavours to avoid any risk to human life and to afford persons in distress any assistance which they may need, and in appropriate cases to facilitate the repatriation of ships crews;
   • Notify all interested States, owners of ships and cargoes and the IMO of all measures taken;
   • Ensure that all measures are proportionate to actual or threatened damage;
   • Pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end.
4. London Convention – Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter.

   PNG as a Contracting Party MUST:

   • RECOGNIZE 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;
   • RECOGNIZE that the capacity of the sea to assimilate wastes and render them harmless, and its ability to regenerate natural resources, is not unlimited;
   • RECOGNIZE that PNG has, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit its own resources pursuant to its own environmental policies, and the responsibility to ensure that activities within its jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

   This Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, commonly called the “London Convention” or “LC ’72” and also abbreviated as Marine Dumping, is an agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the Convention such as “Protocol for the Prevention of Pollution of the South Pacific Region by Dumping:”. It covers the deliberate disposal at sea of wastes or other matter from vessels, aircraft, and platforms. It does not cover discharges from land-based sources such as pipes and outfalls, wastes generated incidental to normal operation of vessels, or placement of materials for purposes other than mere disposal, providing such disposal is not contrary to aims of the Convention. It entered into force in 1975. As of September 2016, there were 89 Parties to the Convention.

5. CLC 92- International Convention on Civil Liability for Oil Pollution Damage, 1992 (92 CLC), which applies only to oil pollution from tankers.

   Fund 92 – The 1992 Fund Convention, which is supplementary to the 1992 CLC, establishes a regime for compensating victims when compensation under the 1992 CLC is not available or is inadequate. The International Oil Pollution Compensation Fund (IOPC), 1992 (1992 Fund) was set up under the 1992 Fund Convention.

   The 1992 Fund pays compensation when:

   • the damage exceeds the limit of the ship owner’s liability under the 1992 CLC, or
   • the ship-owner is exempt from liability under the 1992 CLC, or
   • the ship-owner is financially incapable of meeting his obligations in full under the 1992 CLC and the insurance is insufficient to pay valid compensation claims.

   The maximum compensation payable by the 1992 Fund is 203 million SDR for incidents occurring on or after 1 November 2003, irrespective of the size of the ship. For incidents occurring before that date, the maximum amount payable is 135 million SDR. These maximum amounts include the sums actually paid by the ship-owner under the 1992 CLC. The 1992 Fund is financed by contributions levied on any person or company who has received in one calendar year more than 150 000 tonnes of crude oil and/or heavy fuel oil (contributing oil) in a Member State of the 1992 Fund.