New Marine Pollution Bills

I refer to the Consultation Paper on New Marine Pollution Legislation for PNG that was distributed in April 2008. I am most please to enclose for review and comment by your organisation, the Consultation Drafts of four new Bills that are being developed for the National Maritime Safety Authority (NMSA), to prevent and control marine pollution from vessels, offshore installations and other maritime sources. The draft Bills can also be downloaded as PDF files from the links below.

These new laws are designed to bring PNG into line with international standards as contained in various Conventions of the International Maritime Organisations (IMO), and will help to ensure that the valuable coastal and marine resource of PNG are better protected from the ever-increasing threat of marine pollution from marine sources.

As a vital stakeholder in the marine sector of PNG, we are pleased to invite your critique and comments on the Draft Bills. Comments should be sent by email to legal@nmsa.gov.pg or by letter to our postal address as listed below by 4 July 2008.

NMSA will then consider all comments received prior to finalisation of the Bills and submission to the legislative process, through the National Executive Council (NEC).

NMSA will also be holding Consultation Workshops with stakeholder groups around the country during the month of May, and invitations to these workshops will be sent out in the near future. Tentative dates for the workshops are Port Moresby Monday 26 May, Lae Wednesday 28 May and Kimbe Friday 30 May.

The four new Bills are:
(Also the new Summary of Offences and Penalties are included underneath each new bill for download)

Marine Pollution (Ships and Installations) Bill ( - 381Kb)

• This bill is designed to regulate all forms of marine pollution from ships and offshore installations, and implements the MARPOL Convention and Anti-Fouling Systems (AFS) Convention.

• Marine Pollutions (Ships and Installations) - Summary of Offences and Penalties ( - 162kb)

Marine Pollution (Sea Dumping) Bill ( - 189kb)

• This Bill is designed to regulate the dumping of wastes at sea and implements the London Dumping Protocol.

• Marine Pollution (Sead Dumping) - Summary of Offences and Penalties ( - 123kb)

Marine Pollution (Preparedness & Response) Bill ( - 220kb)

• This Bill mandates a comprehensive system for responding to and cleaning-up oil spills and other marine pollution incidents in PNG, and implements the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC) and the OPRC Protocol on Hazardous and Noxious Substances (HNS).

• Marine Pollution (Preparedness & Response) - Summary of Offences and Penalties ( - 113kb)

Marine Pollution (Liability & Cost Recovery) Bill ( - 279kb)

• This Bill provides for the establishment of a National Maritime Pollution Fund and also provides a comprehensive regime for ships to carry compulsory insurance against marine pollution, and for the payment of damages to PNG citizen in the event marine spills. It gives PNG access to major international funds (up to US$ 1, 105 million) for oil pollution compensation, through the International Convention on Civil Liability for Oil Pollution Damage (92 CLC) and International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund 92).

• Marine Pollution (Liability & Cost Recovery) - Summary of Offences and Penalties ( - 108kb)

The NMSA is also currently considering a fifth new Bill, to address the problem of foreign marine species introduced through ships’ ballast water and hull fouling.

We look forward to receiving any comments that your organisation might have on the Draft Bills by 4 July 2008, and hopefully your participation in the forthcoming Consultation Workshops.

In the meantime, should you have any queries about this matter, please contact myself.

Yours Sincerely
Chris Rupen
General Manager

For background information to the Draft Bills for the New Marine Pollution Laws for PNG download the Consultation Paper (March 2008) ( - 241kb)