• Adami Geldenhuys

Marine Pollution (Prevention of Pollution from Ships) Amendment Bill 5 of 2022


The Marine Pollution (Prevention of Pollution from Ships) Amendment Bill 5 of 2022 was introduced to Parliament on 31 January 2022.


The explanatory memorandum of the Bill provides the following information:


“1. Background

1.1 South Africa is a party to the International Convention for the Prevention of Pollution from Ships, 1973 (‘‘Convention’’), as amended by the Protocol of 1978. When the Convention was adopted by the International Maritime Organisation (‘‘IMO’’) in 1973, five Annexes formed part thereof and in 1997, the IMO adopted a Protocol. Through the 1997 Protocol, the Convention was amended to include Annex VI to the existing five Annexes.

1.2 In order to incorporate the Convention as amended by the Protocol of 1978, into South African law, the Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986) (‘‘principal Act’’) was passed into law. Annex I, II, III and V of the Convention were incorporated into the principal Act, to the exclusion of Annex IV.

1.3 The Marine Pollution (Prevention of Pollution from Ships) Amendment Bill, 2021 (‘‘Bill’’) therefore proposes amendments to the principal Act, by incorporating Annex IV and Annex VI of the Convention. This led to the development of the Bill. The objective of the Bill is to broaden the powers of the Minister of Transport (‘‘Minister’’) to make regulations, to give effect to Annex IV and VI of the Convention.


2. Objectives

The Bill proposes amendments to the principal Act, so as to give effect to Annex IV

of the Convention, to incorporate the 1997 Protocol in order to give effect to Annex

VI of the Convention and to provide for matters connected therewith."


A copy of the Billl is available at:

https://pmg.org.za/files/B5-2022_Marine_Pollution_Prevention_of_Pollution_from_Ships.pdf


Date posted: 4 February 2022

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