Module 2(1) Noumea Convention and Protocols

1. Module 2(1)Noumea Convention and Protocols Investigating Shipping Pollution Violation Workshop Tarawa, Kiribati 27-29 October 2010

2. Noumea Convention & Protocols Noumea Convention Concluded: 24.11.86 In force: 22 Aug 1990 Parties (12) Dumping Protocol 25.11.86 22 Aug 1990 Parties (11) Pollution Emergencies Protocol 25.11.86 22 Aug 1990 Parties (12) Kiribati is a non-Party to all 3 instruments

3. Objective of Noumea Convention “to prevent, reduce and control pollution of the Convention Area, from any source, and to ensure sound environmental management and development of natural resources …”

4. Objectives of the Protocols • Dumping • to prevent, reduce and control pollution in the Protocol Area by dumping • Emergencies • to co-operate in taking all necessary measures for the protection of the South Pacific Region from the threat and effects of pollution incidents.pollution incident" means a discharge or significant threat of a discharge of oil. or other hazardous substance, however caused, resulting in pollution or an imminent threat of pollution to the marine and coastal environment or which adversely affects the related interests of one or more of the Parties and of a magnitude that requires emergency action or other immediate response for the purpose of minimising its effects or eliminating its threat.

5. Conventions on which based • Noumea is consistent with UNEP Regional Seas instrument as at 1986 • Dumping Protocol is consistent with London Dumping Convention as at 1986 • Emergencies Protocol is consistent with one or more IMO instruments as at 1986

6. Amendment Process • the current Dumping Protocol be updated to the current London Protocol • the current Emergencies Protocol be divided into two separate Protocols dealing respectively with pollution by - Oil - HNS

7. Amended Dumping Protocol To make this Protocol consistent with the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 The amended dumping protocol seeks to eliminate pollution of the sea by dumping. It reverses the approach taken by the old protocol. Rather than allowing dumping in general and prohibiting or regulating certain substances, it prohibits all dumping at sea save for a limited list of substances. The amended protocol also bans the incineration of wastes at sea.

8. New Oil Protocol to make this Protocol consistent with the provisions of the International Convention on Oil Pollution Preparedness, Response and Cooperation 1990 (OPRC Convention 90) The new oil protocol is designed to help governments combat major oil pollution incidents. The protocol recognizes that in such events, prompt and effective action is essential. This in turn depends upon the establishment of oil pollution emergency plans, together with national and regional contingency plans as appropriate. International cooperation is encouraged

9. New HNS Protocol to make this Protocol consistent with the provisions of the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 Hazardous and noxious substances are defined as substances other than oil which, if introduced into the marine environment, is likely to create hazards to human health, to harm living resources and marine life, to damage amenities, or to interfere with other legitimate uses of the sea.

10. Implementation into domestic law Example Marine Pollution Prevention Act, 2008 Samoa • Noumea Convention, 1990 - Protocol for the Prevention of Pollution of the South Pacific by Dumping - Protocol concerning Cooperation in Combating Pollution Emergencies in the South Pacific Region 9 • Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972) as amended by the Protocol of 1996 relating thereto (London Convention) • International Convention for the Prevention of Pollution from Ships (1973) as amended by the Protocol of 1978 relating thereto (MARPOL 73/78) • International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC Convention) - the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol);