pollution by ships presentation)

8/2/2019 Pollution by Ships Presentation)

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TO WHAT EXTENT MALAYSIAIS ABLE TO PROTECT ITSWATER FROM POLLUTION BY

SHIPS


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Introduction

The protection of marine environmenthas become one of the mostecological issues of modern times.

The sources of human-induced marinepollution are numerous, includingshipping pollution.


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MALAYSIA SCENARIO :GENERAL PERSPECTIVE Malaysia in a way is a rapidly developing nation

with extensive coastlines. As the country developsthe pressure on the marine environment increases.The natural resources in the marine environment

are very sensitive to pollution. Certain economicactivities, for example the tourism industries,require a relative unpolluted environment.Therefore, there is a need for a master plan for thecontrol of marine pollution. The purpose ofdevelopment is to improve the quality of life. Thiscannot be achieved without guarding againstunnecessary and careless destruction of theenvironment.


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WHAT IS POLLUTION BYSHIPS? Definition of ship any sea-going vessel and sea-borne craft of any type whatsoever

constructed or adapted for the carriage of oil in bulk as cargo,provided that a ship capable of carrying oil & other cargoes shall beregarded as a ship only when it is actually carrying oil in bulk ascargo and during any voyage following such carriage unless it is

provided that it has no residues of such carriage of oil in bulk aboard 1984 Protocol of the International Convention on Civil Liability for Oil

Pollution Damage (CLC)

Marine pollution can be defined as theintroduction by man, directly or indirectly, ofsubstances or energy into the marine environment,

including estuaries, which results or is likely toresult in such deleterious effects harm to livingresources and marine life, hazards to humanhealth, hindrance of quality for use of sea waterand reduction of amenities.

Article 1 (1)(4)of LOSC


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TYPES OF POLLUTION BYSHIPS Oil Spill from Vessels Msia: Due to the increasing volume of vessels plying the

Straits, the Straits have a potential threat for a catastrophic oilspill mainly from accidental spillage or operational discharges

from passing tankers and other ships and also as a result ofthe ships colliding and running.

888 accidents have occurred in the Straits of Malacca andSingapore between the year of 1973 and 2003.

One of the major accident occurred in the Straits of Malacca

involved the NagasakiSpirit v MV Ocean Blessing spilling anestimate 13,000 tonnes of oil.

Illegal Dumping from Ships


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FACTORS CONTRIBUTING TOPBS

Physical conditions

Density of Traffic and Coastalactivities


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International Laws regardingPBS UNCLOS III, Article 43 provides: User states and

states bordering a strait should by

agreement cooperate: (a) In theestablishment and maintenance in astrait of necessary navigational andsafety aids or other improvements in

aid of international navigation; and (b)for the prevention, reduction andcontrol of pollution from ships


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International Laws regardingPBS II International Convention for the Prevention of Pollution

from Ships 1973, as modified by the Protocol of 1978(MARPOL 73/78)

The Convention on the Prevention of Marine Pollution byDumping of Wastes and Other Matters (London Convention1972) and its Protocol of 1996

International Convention Relating to Intervention on theHigh Seas in Cases of Oil Pollution Casualties 1969(Intervention Convention)

International Convention on Oil Pollution Preparedness,Response and Co-Operation 1990 (OPRC)

International Convention on Civil Liability for Oil PollutionDamage 1969 (CLC)

International Convention for Establishment of anInternational Fund for Compensation for Oil PollutionDamage 1971. (Fund Convention)


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International Laws regardingPBS III International Convention on Liability and Compensation

for Damage in Connection with the Carriage ofHazardous and Noxious Substances by Sea 1996 (HNS)

International Convention on Civil Liability for Bunker OilPollution Damage 2001 (BUNKERS Convention)

Convention Relating to Civil Liability in the Field ofMaritime Carriage of Nuclear Material 1971 (NUCLEAR)


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Regional Treaties

Tripartite Technical Experts Group (TTEG) for asafe and efficient traffic separation scheme in theStraits of Malacca;

ASEAN Oil Spill Response Action Plan to

establish an oil spill contingency plan for ASEANcountries;

ASEAN Strategic Plan of Action on theEnvironment


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MSIA LAWS IN REGULATINGPBS The Environmental Quality Act 1974

a)S.2 Interpretation

ship includes every description of craft or floating structure

pollutants

pollution

Msia waters

b)S.27

c)S.29

d)S.46


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cont

Merchant Shipping Ordinance 1952 S.5A: provision on PBS. The Ordinance applies to:

A)ships registered in Msia

B)vessels licensed under the ordinance or under the MerchqntShipping Ordinance 1960 of Sabah and Sarawak:

C)Ships not registered in Malaysia but is Malaysian waters

Interpretation part of the MSO 1952

Malaysian Water

The territorial waters of Malaysia, the Malaysian coast, includingcoastal waters of any islands that make up Malaysia, and internalcoastal water,tidal waters of Malaysia;

Vessels

Any types of ships

Section 306D

Section 306F


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Merchant Shipping (Oil Pollution) Act 1994 (asamended in 2005)

Provides for civil liability of the merchant ships that caused oilpollutions.

General principle of this act is that for any incidents thatrelease or discharge of oil from the ship;

The ship owner is liable for the pollution damage in the

coastal waters of Malaysia.

Section 11 MSA, states that the owner of the cargo shipsmore than 2000 tons oil is required to obtain liabilityinsurance for pollution;

Part III,MSA in 1994 refer to the International Oil PollutionCompensation Fund that allows a person suffering damageto claim compensation from the fund, if claims made on theship owner is sufficient.

E l i E i Z A


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Exclusive Economic Zone Act1984

Apply to EEZ and continental shelf in Malaysia; Section 3 deal with the interpretation that EEZ is the sea area

adjacent to the boundary of territorial water of Malaysia;

The Director general of Environmental Quality will administer thisact;

If commit to the offence , shall be imposed a fine of RM 1 million; Section 10 provide, if the oil contain mixture of oil or pollutants

released into the EEZ from the ship, land, installation, aircraft, air orfrom the ships waste-

Section14 EEZ, provide that if the coast of Malaysia or any other

elements such as the environment or the interests of fisheries inEEZ has been polluted due to discharge as in section 10, thedirector may caused to be remove , destroyed or reduced thepollutant

Section 36 (a)EEZ, a sessions class magistrate court has jurisdictionin class 1

M l i M iti


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Malaysian MaritimeEnforcement Agency Act 2004

As the principle government agency to preservedof the peace, safety and the security in theMalaysian Maritime Zone;

MMZ can be define as the internal water,

territorial sea, continental shelf, EEZ and theMalaysian fisheries water and includes the airspace over the zone;

MMEA is rensponsible for controlling and

preventing maritime pollution on the high sea.


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CONCLUSION

pollution by ships presentation)

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