The consultative procedure provided for under article 10 shall be followed by a Party if there is doubt about the harmlessness of the substance. . C. This Annex does not apply to wastes or other materials, such as sewage sludges and dredged spoils, containing the matters referred to in paragraphs 1 - 5 of Section A as trace contaminants. The dumping of such wastes shall be subject to the provisions of Annexes II and III as appropriate. ANNEX II The following substances and materials requiring special care are listed for the purposes of article 5 of this Protocol. In the issue of permits for the dumping of acids and alkalis, consideration shall be given to the possible presence in such wastes of the substances listed in section A and to the following additional substances: Containers, scrap metal and other bulky wastes liable to sink to the sea bottom which may present a serious obstacle to fishing or navigation. .D. Substances which, though of a non-toxic nature, may become harmful due to the quantities in which they are dumped, or which are liable to seriously reduce amenities. ANNEX III Provisions to be considered in establishing criteria governing the issue of permits for the dumping of matter at sea, taking into account article 7 of this Protocol, include: 3. Properties: physical (e.g. solubility and density), chemical and biochemical (e.g. oxygen demand, nutrients) and biological (e.g. presence of viruses, bacteria, yeasts, parasites). 6. Accumulation and biotransformation in biological materials or sediments. 7. Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other dissolved organic and inorganic materials. 8. etc.). 9. Probability of production of taints or other changes reducing marketability of resources (e.g. fish, shellfish, In issuing a permit for dumping, Parties should consider whether an adequate scientific basis and sufficient knowledge of the composition and characteristics of the waste or other matter proposed for dumping exist for assessing the impact of such material on the marine environment and human health. 1. Characteristics of Dumping Site and Method of Deposit Location (e.g. co-ordinates of the dumping area, depth and distance from the coast), location in relation to other areas (e.g. amenity areas, spawning, nursery and fishing areas and exploitable resources). 2. Rate of disposal per specific period (e.g. quantity per day, per week, per month). 5. 6. Dispersal characteristics (e.g. effects of currents, tides and wind on horizontal transport and vertical mixing). Water characteristics (e.g. temperature, pH, salinity, stratification, oxygen indices of pollution - dissolved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD), - nitrogen present in organic and mineral form including ammonia, suspended matter, other nutrients and productivity). 7. Bottom characteristics (e.g. topography, geochemical and geological characteristics and biological productivity). 8. Existence and effects of other dumpings which have been made in the dumping area (e.g. heavy metal background reading and organic carbon content). 9. In issuing a permit for dumping, Parties should consider whether an adequate scientific basis exists for assessing the consequences of such dumping, as outlined in this Annex, taking into account seasonal variations. 1. . C. General Considerations and Conditions Possible effects on amenities (e.g. presence of floating or stranded materials, turbidity, objectionable odour, discolouration and foaming). 2. Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed harvesting and culture. 3. Possible effects on other uses of the sea (e.g. impairment of water quality for industrial use, underwater corrosion of structure, interference with ship operations from floating materials, interference with fishing or navigation through deposit of waste or solid objects on the sea floor and protection of areas of special importance of scientific or conservation purposes). 4. The practical availability of alternative land-based methods of treatment, disposal or elimination, or of treatment to render the matter less harmful for dumping at sea. .D. References Reference should also be made to "Guidelines for the Implementation and Uniform Interpretation of Annex III" as adopted by the Consultative Meeting of Contracting Parties to the Convention on the Prevention of Marine Pollution By Dumping of Wastes and Other Matter, 1972. 1. 2. ANNEX IV ALLOCATION OF SUBSTANCES TO ANNEXES Substances are allocated to Annexes I and II on the grounds of any combination of the following criteria: Persistence and degradability, Bioaccumulation potential, Toxicity to marine life, Toxicity to man, domestic animals, marine mammals and birds preying on marine organisms, Carcinogenicity and mutagenicity, Ability to interfere with other legitimate uses of the sea. Annex I substances are those which have a high degree of persistence coupled with: a the ability to accumulate to harmful levels in terms of toxicity to marine organisms and their predators, to domestic animals or to man; or b the ability to accumulate through marine pathways to levels harmful in terms of carcinogenicity or mutagenicity to domestic animals or to man; or 3. с the ability to cause interference with fisheries, amenities or other legitimate uses of the sea. Annex II substances are all those considered suitable for inclusion in the Annexes except for those allocated to Annex I. Protocol Concerning Co-operation in Combating Pollution Emergencies in the South Pacific Region, Noumea, 1986 Done at Noumea 24 November 1986 Entered into force 22 August 1990 Primary source citation: Senate Treaty PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION EMERGENCIES IN THE SOUTH PACIFIC REGION THE PARTIES TO THIS PROTOCOL, BEING PARTIES to the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region adopted in Noumea, New Caledonia on the twenty-fourth day of November in the year one thousand nine hundred and eighty-six; CONSCIOUS that the exploration, development and use of offshore and near shore minerals and the use of hazardous substances, as well as related vessel traffic, pose the threat of significant pollution emergencies in the South Pacific Region; AWARE that the islands of the region are particularly vulnerable to damage resulting from significant pollution due to the sensitivity of their ecosystems and their economic reliance on the continuous utilization of their coastal areas; RECOGNIZING that in the event of a pollution emergency or threat thereof, prompt and effective action should be taken initially at the national level to organise and co-ordinate prevention, mitigation and cleanup activities; RECOGNIZING FURTHER the importance of rational preparation and mutual co-operation and assistance in responding effectively to pollution emergencies or the threat thereof; DETERMINED to avert ecological damage to the marine environment and coastal areas of the South Pacific Region through the adoption of national contingency plans to be co-ordinated with appropriate bilateral and sub-regional contingency plans; HAVE AGREED as follows: Article 1 DEFINITIONS For the purposes of this Protocol: (a) (b) "Convention" means the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region adopted in Noumea, New Caledonia on twenty-fourth day of November in the year one thousand nine hundred and eighty-six; "South Pacific Region" means the Convention Area as defined in article 2 of the Convention and adjacent coastal areas; (d) (i) maritime, coastal, port, or estuarine activities; (ii) fishing activities and the management and conservation of living and non-living marine resources, including coastal ecosystems; (iii) the cultural value of the area concerned and the exercise of traditional customary rights therein; (iv) the health of the coastal population; (v) tourist and recreational activities; "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. Article 2 APPLICATION This Protocol applies to pollution incidents in the South Pacific Region. 1. Article 3 GENERAL PROVISIONS The Parties to this Protocol shall, within their respective capabilities, co-operate in taking all necessary measures for the protection of the South Pacific Region from the threat and effects of pollution incidents. 2. The Parties shall, within their respective capabilities, establish and maintain, or ensure the establishment and maintenance of, the means of preventing and combating pollution incidents, and reducing the risk thereof. Such means shall include the enactment, as necessary, of relevant legislation, the preparation of contingency plans, the development or strengthening of the capability to respond to a pollution incident and the designation of a national authority responsible for the implementation of this Protocol. |