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7.10 Lecture Note On LDC Ocean Uni 2020

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7.10 Lecture Note On LDC Ocean Uni 2020

Lecture note
Copyright
© © All Rights Reserved
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Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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B.Sc.

in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 1


For teaching purposes only

7.10 Prevention of Marine Pollution by Dumping of waste and other matter - Known
as the London Dumping Convention
7.10.1 Entry into Force of the Convention - The 1972 Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matters was adopted on 29 December 1972 in
London, Mexico City, Moscow and Washington, D.C., and entered into force on 30 August 1975.
Note: It is one of the first international agreements for the protection of the marine
environment from human activities.
7.10.2 The Protocol - There was a subsequent protocol in 1996: Pl see 7.10.9
7.10.3 The reason for the Convention - This convention was established to control and prevent
indiscriminate disposal/dumping of waste thereby causing pollution of the sea which could in
turn cause the following
 Harmful to human health
 Harmful to living resources

 Harm marine life

 Harmful to amenities

 Harm other legitimate users of the sea

7.10.4 Contents of the Convention


The London Convention consists of 22 Articles and three Annexes: It follows a "black list” and a
“grey list" approach to regulating of ocean dumping
I. Dumping of matter listed in Annex I which is prohibited. Annex I materials (black list)
generally may not be ocean dumped (though for certain Annex I materials dumping may be
permissible if present only as "trace contaminants" or "rapidly rendered harmless"
II. Dumping of matter listed in Annex II which is allowable only by special permit. Annex II
materials (grey list) require "special care"

III. Dumping of matter listed in Annex III which is allowable only by general permit. Annex III
lays out general technical factors to be considered in establishing criteria for issuance of
ocean dumping permits.

7.10.5 The scope of the Convention - The 1972 Convention extends its scope over "all marine waters
other than the internal waters" of the States and prohibits the dumping of certain hazardous
materials. It further requires a prior special permit for the dumping of a number of other
identified materials and a prior general permit for other wastes or matter.
7.10.6 What is expected of the parties - It calls on Parties "to promote measures to prevent pollution
by hydrocarbons, other matter transported; other than for dumping, wastes generated during

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes
B.Sc.in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 2


operation of ships etc., radioactive pollutants and matter originating from exploration of the sea
bed."
7.10.7 The Objective of the Convention - Its objective is to promote the effective control of all sources
of marine pollution and to take all practicable steps to prevent pollution of the sea by dumping
of wastes and other matter.
7.10.8 Reason for the Protocol - In 1996, the "London Protocol" was agreed to further modernize the
Convention and, eventually, replace it. Under the Protocol all dumping is prohibited, except for
possibly acceptable wastes on the so-called "reverse list". The Protocol entered into force on 24
March 2006.
7.10.9 The 1996 Protocol - On November 17, 1996, a special meeting of the Contracting Parties
adopted the "1996 Protocol to the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter, 1972" which is to replace the 1972 Convention, subject
to ratification. In line with UNCED's Agenda 21, the 1996 Protocol reflects the global trend
towards precaution and prevention with the Parties agreeing to move from controlled dispersal
at sea of a variety of land-generated wastes towards integrated land-based solutions for most,
and controlled sea disposal of few, remaining categories of wastes or other matter.
7.10.10 Codification of the Protocol - The 1996 Protocol codified the "precautionary approach". It has
the principle that the "polluter pays " and it brings about a major structural revision of the
Convention
7.10.11 The Reverse List - The "reverse list" makes it obligatory on part of the Parties to the Convention
to prohibit the dumping of any waste or other matter that is not listed in Annex 1 ("the reverse
list") of the 1996 Protocol.
Dumping of wastes or other matter on this reverse list requires a permit. Parties to the Protocol
are further obligated to adopt measures to ensure that the issuance of permits and permit
conditions for the dumping of reverse list substances comply with Annex 2 (the Waste
Assessment Annex) of the Protocol. The substances on the reverse list include dredged material;
sewage sludge; industrial fish processing waste; vessels and offshore platforms or other man-
made structures at sea; inert, inorganic geological material; organic material of natural origin;
and bulky items including iron, steel, concrete and similar materials for which the concern is
physical impact, and limited to those circumstances where such wastes are generated at
locations with no land-disposal alternatives. In addition, the 1996 protocol prohibits altogether
the practice of incineration at sea, except for emergencies, and prohibits the exports of wastes
or other matter to non-Parties for the purpose of dumping or incineration at sea.
7.10.12 Number of signatories - As of March 2018, there were 87 Contracting Parties to the Convention.
7.10.13 Annexes – There are 03 Annexes {Black list, Grey list & White list}
7.10.14 Annex I: The "Black List"
The dumping of any item listed in Annex I is expressly prohibited by the Convention. It should be
noted that while Annex I is an exclusive list, the Convention does recognize that individual States

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes
B.Sc.in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 3


may have their own regulations that ban dumping of certain materials from ships flying the flag
of said State. Banned materials include:
 Organohalogen compounds
 Mercury, cadmium, or compounds containing those elements

 Persistent plastics that may float on the surface and interfere with fishing, navigation, or
other legitimate uses of the sea

 Crude oil and its wastes, refined petroleum products, residues, and mixtures containing any
of these substances

 Radioactive wastes or other radioactive matter (does not apply to material containing de
minimis levels of radioactivity as defined by the IAEA and adopted by the contracting States)

 Materials produced for chemical or biological warfare

 Incineration at sea of industrial wastes (other incineration may be performed with a special
permit)
 Industrial waste (does not apply to dredged material, sewage sludge, fish waste or waste
from fish processing, inert geological materials, and uncontaminated organic materials of
natural origin)
Annex I also provides an exemption for substances that contain trace amounts of the first five
items in this list and allows for disposal subject to the provisions of Annexes I and II. Also, an
exemption is made for substances which are “rapidly rendered harmless by physical, chemical,
or biological processes in the sea provided they do not:
i) make edible marine organisms unpalatable, or
ii) endanger human health or that of domestic animals.”
7.10.15 Annex II: The "Grey List"
The dumping of any item listed in Annex II is permissible, but only with a special permit. Items
requiring special permits includes the following:
A. Wastes containing significant amounts of:
• Arsenic • Copper • Vanadium
• Beryllium • Lead • Zinc
• Chromium • Nickel
• Any compound containing one of the aforementioned elements
• Organosilicon compounds
• Cyanides
• Fluorides
• Pesticides and their by-products not covered in Annex I

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes
B.Sc.in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 4


B. Containers, scrap metal and other bulky wastes liable to sink to the bottom of the sea which
may present a serious obstacle to fishing or navigation.
C. Incinerated substances not covered in Annex I
D. Non-toxic materials that may become harmful due to the quantity in which they are dumped.
7.10.16 Annex III: The "White List"
The dumping of all other materials that are neither listed in Annex I nor Annex II is permissible,
provided the State issues a general permit to the polluter. In issuing such a permit, a State
must consider all of the factors set forth in Annex III. Annex III requires States to look to a)
characteristics of the material being dumped, b) characteristics of the dumping site and method,
and c) possible effects of dumping the material in question. More specifics about these criteria
are listed below:
A. Characteristics and Composition of the Matter
1. Total amount and average composition of matter being dumped (i.e. annually)
2. Form (solid, liquid, gas, or sludge).
3. Properties (physical, chemical, and biological)
4. Toxicity
5. Persistence
6. Accumulation in and effect on local organisms
7. Susceptibility to physical, chemical, and biochemical changes when left in an aquatic
environment
8. Probability of damage to the marketability of resources (i.e. fish)
B. Characteristics of Dumping Site and Method of Dumping
1. Location itself and location in relation to other areas
2. Rate of disposal

3. Methods of packaging and containment

4. Dilution characteristics

5. Dispersal characteristics

6. Water characteristics, oxygen demand, nitrogen and organic compound content, and
bottom characteristics

7. Other materials that have been dumped in the area

C. General Considerations and Conditions


1. Possible effects on usage
2. Possible effects on marine life

3. Possible effects on other uses of the sea

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes
B.Sc.in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 5


4. The practical availability of alternative land-based methods of disposal or of treatment to
render the matter less harmful for dumping at sea.

The reverse List


Annex I: The "Black List"
The dumping of any item listed in Annex I is expressly prohibited by the Convention. It should
be noted that while Annex I is an exclusive list, the Convention does recognize that individual
States may have their own regulations that ban dumping of certain materials from ships flying
the flag of said State. Banned materials include:
 Organohalogen compounds
 Mercury, cadmium, or compounds containing those elements

 Persistent plastics that may float on the surface and interfere with fishing, navigation, or
other legitimate uses of the sea
 Crude oil and its wastes, refined petroleum products, residues, and mixtures containing
any of these substances

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes
B.Sc.in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 6


 Radioactive wastes or other radioactive matter (does not apply to material containing de
minimis levels of radioactivity as defined by the IAEA and adopted by the contracting
States)
 Materials produced for chemical or biological warfare
 Incineration at sea of industrial wastes (other incineration may be performed with a
special permit)
 Industrial waste (does not apply to dredged material, sewage sludge, fish waste or waste
from fish processing, inert geological materials, and uncontaminated organic materials of
natural origin)

Annex I also provides an exemption for substances that contain trace amounts of the first five
items in this list and allows for disposal subject to the provisions of Annexes I and II. Also, an
exemption is made for substances which are “rapidly rendered harmless by physical, chemical,
or biological processes in the sea provided they do not: i) make edible marine organisms
unpalatable, or ii) endanger human health or that of domestic animals.”
Annex II: The "Grey List"
The dumping of any item listed in Annex II is permissible, but only with a special permit. Items
requiring special permits includes the following:
A. Wastes containing significant amounts of:
• Arsenic • Copper • Vanadium
• Beryllium • Lead • Zinc
• Chromium • Nickel
• Any compound containing one of the aforementioned elements
• Organosilicon compounds
• Cyanides
• Fluorides
• Pesticides and their by-products not covered in Annex I
B. Containers, scrap metal and other bulky wastes liable to sink to the bottom of the sea which
may present a serious obstacle to fishing or navigation.
C. Incinerated substances not covered in Annex I
D. Non-toxic materials that may become harmful due to the quantity in which they are dumped.

Annex III: The "White List"


The dumping of all other materials that are neither listed in Annex I nor Annex II is permissible,
provided the State issues a general permit to the polluter. In issuing such a permit, a State must
consider all of the factors set forth in Annex III. Annex III requires States to look to a)
characteristics of the material being dumped, b) characteristics of the dumping site and method,

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes
B.Sc.in Marine Engineering
Main Degree Programme
Year: - 2020
In accordance with the STCW Convention 1978 as
Doc No: - 11.0
amended
Reg. III/1 & I/3, Sec, A-III/1, Table A-III/1
Revision Item/No: -
Ocean University of Sri Lanka

Mae 806 –Maritime Law MARPOL - Lesson 7.10 Page 7


and c) possible effects of dumping the material in question. More specifics about these criteria
are listed below:
A. Characteristics and Composition of the Matter
9. Total amount and average composition of matter being dumped (i.e. annually)
10. Form (solid, liquid, gas, or sludge).
11. Properties (physical, chemical, and biological)
12. Toxicity
13. Persistence
14. Accumulation in and effect on local organisms
15. Susceptibility to physical, chemical, and biochemical changes when left in an aquatic
environment
16. Probability of damage to the marketability of resources (i.e. fish)
B. Characteristics of Dumping Site and Method of Dumping
8. Location itself and location in relation to other areas
9. Rate of disposal
10. Methods of packaging and containment
11. Dilution characteristics
12. Dispersal characteristics
13. Water characteristics, oxygen demand, nitrogen and organic compound content, and
bottom characteristics
14. Other materials that have been dumped in the area

C. General Considerations and Conditions


5. Possible effects on usage
6. Possible effects on marine life
7. Possible effects on other uses of the sea
8. The practical availability of alternative land-based methods of disposal or of treatment to
render the matter less harmful for dumping at sea.

Created by HHS Prepared on 30.10.2020 Approval Revision


Notes for teaching purposes - prepared and sourced from IMO, Internet/Wikipedia and other lecture notes

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