Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986)

Schedule

International Convention for the Prevention of Pollution from Ships, 1973

Protocol of 1978

Relating to the International Convention for the Prevention of Pollution from Ships, 1973

Annexes : Regulations

Annex V : Regulations for the Prevention of Pollution by Garbage from Ships

Regulation 5 : Disposal of garbage within special areas

Purchase

(1)

For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea Area, the Red Sea area, the Gulfs area, the North Sea area, the Antarctic area and the Wider Caribbean Region, including the Gulf of Mexico and the Caribbean Sea, which are defined as follows:

(a)	The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41°N parallel and bounded to the west by the Straits of Gibraltar at the meridian 5°36' W.

(b)	The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8'N.

(c)	The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N.

(d)	The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°8.5'N, 43°19.6'E) and Husn Murad (12°40.4'N, 43°30.2'E).

(e)	The Gulf area means the sea area located north west of the rhumb fine between Ras al Hadd (22°30'N, 59°48'E) and Ras al Fasteh (25°04'N, 61°25'E).

(f)	The North Sea area means the North Sea proper, including seas therein with the boundary between—

(i)	the North Sea southwards of latitude 62°N and eastwards of longitude 4°W;

(ii)	the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57°44.8'N; and

(iii)

the English Channel and its approaches eastwards of longitude 5°W and northward of latitude 48°30'N.

(g)	The Antarctic area means the sea area south of 60° south latitude.

(h)

The Wider Caribbean Region, as defined in Article 2, paragraph 1 of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, 1983), means the Gulf of Mexico and the Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30°N parallel from Florida eastward to 77°30'W meridian, thence a rhumb line to the intersection of 20°N parallel and 59°W meridian, thence a rhumb line to the intersection of 7°20'N parallel and 50°W meridian, thence a rhumb line drawn south-westerly to the eastern boundary of French Guiana.

(2)	Subject to the provisions of regulation 6 of this Annex—

(a)	disposal into the sea of the following is prohibited:

(i)	All plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic garbage bags; and

(ii)	all other garbage, including paper products, rags, glass, metal, bottles, crockery, dunnage, lining and packing materials;

(b)	disposal into the sea of food wastes shall except as provided in subparagraph (c) be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land;

(c)

disposal into the Wider Caribbean Region of food wastes which have been passed through a comminuter or grinder shall be made as far as practicable from land, but in any case not subject to Regulation 4 not less than 3 nautical miles from the nearest land. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimetres.

(3)	When the garbage is mixed with other discharges having different disposal or discharge requirements the more stringent requirements shall apply.

(4)	Reception facilities within special areas:

(a)

The Government of each Party to the Convention, the coastline of which borders a special area undertakes to ensure that as soon as possible in all ports within a special area, adequate reception facilities are provided in accordance with regulation 7 of this Annex, taking into account the special needs of ships operating in these areas.

(b)

The Government of each Party concerned shall notify the Organization of the measures taken pursuant to subparagraph (a) of this regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than 12 months in advance of that date.

(c)	After the date so established, ships calling also at ports in these special areas where such facilities are not yet available, shall fully comply with the requirements of this regulation.

(5)	Notwithstanding paragraph (4) of this Regulation, the following rules apply to the Antarctic area:

(a)

The Government of each Party to the Convention whose ports are used by ships departing en route to or arriving from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all garbage from all ships, without causing undue delay, and according to the needs of the ships using them.

(b)

The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, have sufficient capacity on board for the retention of all garbage while operating in the area and that agreements have been concluded to discharge such garbage at a reception facility after leaving the area.