Pretoria: 11 December 2020
Seafarers sailing their ships or manning installations across South Africa’s vast three oceans at the tip of the African continent could face fines of up to R25 000, six months in jail or both, should they fail to inform local authorities of such discharges as soon as it is practically possible.
That is according to the South African Maritime Safety Authority (SAMSA) in a Marine Notice (No.55 of 2020) due out this week.
Acting in terms of the Marine Pollution (Control and Civil Liability) Act 6 of 1981, SAMSA said on Friday that should any harmful substance be discharged from a ship, tanker or offshore installation, the involved parties are legally obliged to immediately report the incident to local authorities. These include SAMSA and the Department of Environment, Forestry and Fisheries.
The required report, according to SAMSA also involves any damage to a vessel, a tanker or installation from which a discharge of harmful substances onto the ocean may occur, this regardless of whether such discharge has not actually occured.
The MN No.55 states in part: “…When any harmful substance has been discharged from a ship, tanker or offshore installation the master of such ship, tanker or offshore installation, or any member of the crew of such ship or tanker or of the staff employed in connection with such offshore installation, designated by such master, shall forthwith by the quickest means of communication available report the fact that such discharge has taken place to the principal officer at the port in the Republic nearest to where such ship, tanker or offshore installation is.
“If, while it is within the prohibited area (E.E.Z [Exclusive Economic Zone]), a ship or a tanker sustains any damage, whether to its hull, equipment or machinery, which causes, or creates the likelihood of a discharge of any harmful substance from such ship or tanker, or having sustained such damage, enters the prohibited area in such damaged condition, the master of such ship or tanker, or any member of its crew designated by the master, shall forthwith by the quickest means of communication available report to the principal officer at the port in the Republic nearest to where such ship or tanker then is the fact that such damage was sustained, the nature and location on the ship or tanker of the damage, the position at sea where the damage was sustained, the name of the ship or tanker, its port of registry, its official number, its position, its course and, if in the Republic, its destination, the quantity and type of harmful substances on board and, in the case of a tanker to which the provisions of section 13 apply, the particulars contained in the certificate.”
On reporting, the MN No.55 indicates that: “SAMSA, DEFF (Department of Environmental, Forestry and Fisheries) and African Marine Solutions (Pty) Ltd AMSOL (the managers of the standby tug “SA Amandla”) are all concerned with the prevention, containment and cleaning up of oil spills at sea. These organizations should be informed as soon as possible whenever there is an oil spill or a threat of an oil spill. SANNCOB (The South African Foundation for the Conservation of Coastal Birds) is dedicated to seabird rehabilitation. SANPARKS (South African National Parks) is the body responsible for managing South Africa’s National Park to develop, expand, manage and promote a system of sustainable National Parks.”
Contact details of all the relevant authorities and contributors to combating of pollution, inclusive of SAMSA regional offices from Port Nolloth on the Atlantic Ocean to Richards Bay near the border of Mozambique on the Indian Ocean, are given in the notice.
In terms of penalties where failure to report occurs, MN No.55 states: “If the master of a ship or a tanker fails to comply with the provisions…. such master shall be guilty of an offence. Any person convicted of an offence …. shall be liable to a fine not exceeding R25 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment..”
According to SAMSA on Friday, the marine notice will be on the Department of Transport agency’s website shortly.