Falklands : Legislative Council (27/07/07) Part 1
Submitted by Falkland Islands News Network (Juanita Brock) 30.07.2007 (Article Archived on 13.08.2007)
A meeting of Legislative Council took place in Stanley on 27 July 2007. Following is a report on the meeting
LEGISLATIVE COUNCIL MEETING (27/07/07)
Part 1: Prayers to Questions for Oral Answer
By J. Brock (FINN)
A meeting of Legislative Council took place at 1030hrs on Friday, 27 July 2007 in the Court and Council Chamber of the Town Hall. All Councillors were present for this meeting.
Prayers were conducted by the Rev. Kathy Biles and the record of the meeting held on Thursday, 24 – Friday, 25 May 2007 was confirmed. Following these proceedings papers of subsidiary legislation were laid on the table by His Honour the Chief Executive.
Sexual Offences Ordinance 2005 (Correction Order) 2007
Lookout Industrial Estate Speed Limit Order 2007
Electoral Registers Publication Date Regulations 2007
Land (Non Residents) Fees Regulations 2007
British Nationality Ordinance (Amendment of Schedule Order) 2007
Falkland Islands Status Application Fee (Amendment Regulations) 2007
Taxes and Duties (Defence Contractors Employee) Exemption Order 2007
Immigration Exemption (Correction Order) 2007
Coins (No 3) Order 2007
Capital Equalisation Fund (No 2) Order 2007
QUESTIONS FOR ORAL ANSWER:
Q4-2007: The Hon Dr Richard Davies (RD):
Could the Honourable Dr Andrea Clausen please advise this House what obligations, if any, the Falkland Islands have under Annex 5 of MARPOL and to what extent are such obligations fulfilled?
Answer By the Hon Dr Andrea Clausen (AC):
Mr. Speaker, Honourable Members, I thank the Fisheries Department for their assistance with this answer. The International Convention for the Prevention of Pollution from Ships (1973) was modified by the 1078 Protocol and is usually referred to as MARPOL ‘73/’78 and it has a number of annexes, Annex 5, to which the question refers, addresses garbage and the disposal of garbage from ships. Annex 5 was extended to the Falkland Islands on the 14th of November 1995. And, as such, our obligations and/or commitments are:
To ensure that all Falkland Islands Registered vessels subject to MARPOL’73/’78 comply with the provisions of Annex 5
To ensure that the Port Reception Facilities are provided at ports and terminals according to the needs of the ships using them in compliance with the provisions of Annex 5
Generally promote compliance with Annex 5
In terms of Delivery on these obligations I am advised that:
Vessels registered in the Falkland Islands subject to MARPOL’73/’78 comply with the provisions of Annex 5
That Port Reception Facilities are available at FIPASS for ship generated garbage in cases were large volumes need to be discharged, this is generally arranged through arrangements being made by the ship operator and their port agents.
Restrictions are in place to prevent the discharge of plant and animal parts and products, which include much galley waste. This restriction is intended to avoid the importation of biological hazards and is part of the bio-security plan. It may be considered not to be entirely consistent with the intent of MARPOL.
The ability to handle such waste safety here is limited. There is also a limited capability for collecting garbage from ships at anchor.
Lastly, some general education and compliance work is undertaken by the Fisheries Department as fishing vessels visit to collect licences and at sea. Any vessel flagged in a state, which is a signatory of MARPOL, should be complying with the terms of the convention.
The issue of whether compliance with Annex 5 and possibly some other annexes should be made conditions of fishing licences has not been implemented but has been suggested.
RD: Thank-you very much to my Honourable friend for that reply. I brought this up because I think the issue of garbage dumped at sea is an important one. As I am sure you all know, it causes considerable danger to marine mammals, fish and seabirds both by entanglement and by ingestion and it is therefore detrimental to our main industries of tourism and fishing. The economy and the environment are closely inter-linked.
I understand a recent study of garbage on Volunteer Beach revealed that approximately 42% was discarded fishing equipment and another 39% was packaging and household waste, which is likely to have come from vessels – not necessarily fishing vessels. And, I certainly don’t intend to direct my question on the fishing fleet.
One thing I didn’t understand and you might be able to clarify is if we have any obligation to enforce the non dumping of garbage by non- Falkland Islands registered vessels in our EEZ. I am told anecdotally that quite a number of fishing vessels – not necessarily Falkland Islands registered fishing vessels dump garbage in our EEZ. Can we or should we be enforcing compliance for those vessels?
AC: Thank you Honourable Dr Davies. I can add some further light in terms of general education and enforcement, which flows through from the MARPOL Convention. And, that is that there is a booklet, which is issued on Falkland Islands ports and harbours and there is a section on harbour law and that applies to all vessels on pollution. The Section is as follows:
“It is an offence for any vessel to spill or discharge oil or oily mixtures in harbours or territorial limits of the Falkland Islands. And, there are heavy penalties for doing so. If any oil or oil mixture is accidentally spilled or discharged within the harbours within territorial limits of the Falkland Islands, the occurrence should be reported immediately to the authorities. It is an offence to dump any garbage or refuse into Falklands’ harbours. The disposal from a ship into the sea or harbour or any plastic is prohibited. The disposal from a ship into the sea of garbage other than plastics is prohibited except when it is made as far from the nearest land as is practical. And in the case of lining and packing materials, which will float, not less than 25 miles from the nearest land. In the case of food waste and other garbage, including paper products, rags, glass, metal bottles crockery and similar refuse, not less than 12 miles, or if such waste and other garbage have been ground to the required standard ie sufficiently fine to pass through a screen, with not more than 25mm openings, not less than 3 miles from the nearest land. If you have any garbage or refuse for disposal, please contact your agent to arrange the removal.”
So there is provision and it is an offence to dump some of those materials. And, you can see it’s staged depending on how far away from land you are.
RD: thank you again. So if we become aware through a fisheries officer or a fisheries observer that a vessel is dumping plastic waste in our EEZ, which, I think, are controlled waters within the Marine Environment Protection Ordinance, if we become aware of that, what action can be taken? Do we take any action? And I accept that you may nopt be prepared for that question.
AC: I would have to check to see what action they actually can take but it is an offence and it is clearly action we can take. And if it’s observed by a Fishery Officer, it might well be that they might have more ability to take action than perhaps an observer. But I don’t know and I would have to follow up on that to see exactly where those powers extend and to whom.
The Hon Mrs Janet Robertson (JR):
Yes. Just to add to what the Hon. Richard Davies was saying that I believe in the past there have been incidences of certainly vessels being warned about incidents when they have been seen to have been disposing of rubbish and they have been warned. I am not entirely sure if it is them being taken if a repeat offence has lead to any conviction. But just a question - I am not sure if you covered this – how exactly other than fisheries officers and observers being able to see this - is there any other way, which it can be monitored. How much coverage do we get of vessel actions with regard to their garbage disposal can be monitored? How much coverage do we get of vessel actions with regard to their garbage disposal? Do you have an idea? As far – I haven’t got any information on that? My gut reaction to that would be Fishery Officers and observers would be our first point of contact. We’re talking about vessels more broadly than I don’t know. The only evidence that we have is when it washes up on the beach unfortunately. And then of course it doesn’t come name tagged from which vessel it’s come from more often than not. Occasionally it does. And so I don’t know exactly how we would do anything about that. But I think what we need to do is to discuss exactly what powers we have who is currently out there on the vessel and to see what action can be taken. I am gladdened to hear that people have been warned but what would actually be good if somebody was convicted and then, of course people might take it more seriously.
RD: Could I ask you to raise the issue with the director of fisheries please?
AC: Yes I will.
|
