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HARMONISED LEGISLATION

HARMONISED LEGISLATION. THE FOUR CONVENTIONS STOCKHOLM CONVENTION ROTTERDAM CONVENTION BASEL CONVENTION WAIGANI CONVENTION. HARMONISED LEGISLATION. THE BASICS OF THE APPROACH PILOT PROJECT – TONGA COUNTRY BY COUNTRY DEVELOPMENT AND IMPLEMENTATION NO MODEL LAW!!!

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HARMONISED LEGISLATION

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  1. HARMONISED LEGISLATION THE FOUR CONVENTIONS STOCKHOLM CONVENTION ROTTERDAM CONVENTION BASEL CONVENTION WAIGANI CONVENTION

  2. HARMONISED LEGISLATION THE BASICS OF THE APPROACH • PILOT PROJECT – TONGA • COUNTRY BY COUNTRY DEVELOPMENT AND IMPLEMENTATION • NO MODEL LAW!!! • A MODEL APPROACH – GUIDANCE ELEMENTS

  3. HARMONISED LEGISLATION A SOUND LEGISLATIVE FOUNDATION • A clear and comprehensive statement of object and purpose • A relevant, focused and efficient administrative structure • A sound planning regime • An obligation to keep data and report to government, international agencies and the community • Effective monitoring, enforcement and deterrence • Provision of public awareness and education programs

  4. HARMONISED LEGISLATION TWO HARMONISATION OBJECTIVES • HARMONISING IMPLEMENTATION AND ADMINISTRATION OF THE FOUR CONVENTIONS DOMESTICALLY • HARMONISING LEGISLATION, PROCESS, RESPONSE AND ENFORCEMENT IN THE REGION

  5. HARMONISED LEGISLATION ELEMENTS OF THE PROCESS STEP 1 IDENTIFYING THE KEY ASPECTS OF THE CONVENTIONS • REVIEW OF THE PROVISIONS • KEY ELEMENTS OF A LAW TO IMPLEMENT

  6. HARMONISED LEGISLATION ELEMENTS OF THE PROCESS STEP 2 GUIDANCE ELEMENTS • CONSIDERATION OF UNEP G/LINES • CONSIDERATION OF SECRETARIAT G/LINES • COMMON LEGISLATIVE ISSUES • OTHER ASPECTS TO GIVE EFFECT • GUIDANCE ELEMENTS

  7. HARMONISED LEGISLATION ELEMENTS OF THE PROCESS STEP 3 LEGISLATIVE REVIEW • IDENTIFICATION OF ALL RELEVANT LAWS • SUMMARY OF RELEVANT SECTIONS (NOT NARRATIVE STYLE)

  8. LEGISLATIVE REVIEW FEATURES OF EACH LAW • YEAR PASSED • DATE OF EFFECT • AMENDMENTS • REPEALS • ADMINISTRATIVE RESPONSIBILITY

  9. LEGISLATIVE REVIEW FEATURES OF EACH LAW • OBJECTS OF THE LAW • RELEVANCE TO THIS PROJECT • SUBSTANCE OF KEY PROVISIONS

  10. LEGISLATIVE REVIEW CLASSIFYING THE LAWS • Constitutional authority and legislative issues • Waste Management Issues • Protection of human health • Environment Protection and Management • Laws controlling chemicals etc • Laws relating to transboundary movement • Laws relating to business activities • Public awareness and participation

  11. HARMONISED LEGISLATION ELEMENTS OF THE PROCESS STEP 4 CONSULTATIONS AND WORKSHOPS • GUIDANCE ELEMENTS • LEGISLATIVE REVIEW • DRAFT LAW

  12. HARMONISED LEGISLATION COMMON LEGISLATIVE ELEMENTS • COMPATIBLE DEFINITIONS • PRECAUTIONARY APPROACH • FOCAL POINT/COMPETENT AUTHORITY (MORE THAN ONE? ENV v MAFF) • SCOPE/SUBSTANCES COVERED

  13. HARMONISED LEGISLATION COMMON LEGISLATIVE ELEMENTS • REGULATING T/BOUNDARY MOVEMENTS • NOTIFICATIONS AND APPROVALS • DUTY TO RE-IMPORT • REGULATING USE, STOCKPILES, MANUFACTURE etc.

  14. HARMONISED LEGISLATION RECOMMENDATION 1 - “BOTTOM UP” “HOME GROWN” Guidance elements shall be the basis of harmonisation and not the law itself.

  15. HARMONISED LEGISLATION RECOMMENDATION 2 – BEAR THE COMMONALITIES IN MIND WHEN IMPLMENTING ANY OF THE CONVENTIONS – NB. STOCKHOLM

  16. HARMONISED LEGISLATION RECOMMENDATION 3 IT IS TIME TO CONSIDER – • The designation of focal point(s) and competent authority(s) • The most applicable legislative formulation and application of the precautionary approach/principle • The adoption of relevant planning processes • The implementation of the required notification procedures • The identification of hazardous substances of particular relevance • The application of other relevant regulatory processes

  17. HARMONISED LEGISLATION • Inter-agency relationships and the promotion of coordinated planning, regulation and responses • Other relevant regulatory requirements to give proper effect to the obligations arising under the four Convention • The regulation or prohibition of dumping and incinerating wastes at sea • The promotion and active involvement in regional and sub-regional arrangements

  18. HARMONISED LEGISLATION ONE FINAL ISSUE DUMPING AND INCINERATION OF WASTES AT SEA AN OBLIGATION RE-STATED UNDER THE WAIGANI CONVENTION

  19. HARMONISED LEGISLATION DUMPING AND INCINERATION OF WASTES AT SEA AMENDMENTS TO THE SPREP PROTOCOL • The adoption of the “Precautionary Approach” and the “polluter pays” principle. • The implementation of a reverse listing approach that is based upon a list of wastes and materials which may be considered for dumping, all others being prohibited. • Standardisation of definitions and the Annexes of the two Protocols. • Prohibition of incineration of wastes at sea. • A wider definition of “dumping” to include disposal of wastes in the seabed and sub-soil.

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