Comment on marine oil pollution response

Calling for public comments

SOUTH AFRICA: The Select Committee on Public Infrastructure and Minister in the Presidency invites interested persons and stakeholders to submit written comments on the Marine Oil Pollution (Preparedness, Response and Cooperation Bill) [B10B-2020].

Enquiries, as well as written submissions, can be addressed to the Select Committee on Public Infrastructure and Minister in the Presidency, for attention the Committee Secretary, Hlupheka Mtileni. 

Respondents can also notify the committee secretary if they wish to make a verbal representation at a meeting.

The bill aims to incorporate the provisions of the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC) into South African law. As a party to the OPRC Convention, South Africa is required to adopt measures to prepare for and respond to potential oil spills in the country's maritime domain.
 
"This new bill is a significant step forward in safeguarding our marine environment and coastal resources," said Mkhuleko Hlengwa, Deputy Minister of Transport. "By domesticating the OPRC Convention, we are ensuring that South Africa has the necessary legal framework, resources, and international cooperation mechanisms to effectively prevent, respond, and mitigate the impact of any oil pollution incidents," he said.

Key elements of the bill include establishing processes for risk assessments, national contingency planning, training and exercises, incident reporting and cooperation, institutional arrangements, and dedicated funding through a Marine Oil Pollution Preparedness and Response Fund. During the meeting, the Department of Transport addressed several questions from members on the scope, costs, penalties, stakeholder consultation, and regulatory timelines.

"This bill demonstrates our commitment to upholding international standards and best practices in marine pollution management. It will strengthen our ability to protect our coastlines, marine resources, and the livelihoods that depend on a healthy ocean environment."

"As a major maritime nation located along critical shipping routes, South Africa faces significant risks from potential oil spills," added Adv James Mlawu, Director-General of the Department of Transport. "This bill demonstrates our commitment to upholding international standards and best practices in marine pollution management. It will strengthen our ability to protect our coastlines, marine resources, and the livelihoods that depend on a healthy ocean environment," he said.

Committee Chairperson Rikus Badenhorst said, "I welcome this important step by the department to strengthen the country's legal framework, resources, and international cooperation mechanisms for preventing, responding to, and mitigating the impact of oil pollution incidents in the maritime domain. South Africa, as a major maritime nation located along critical shipping routes, faces significant risks from potential oil spills, and this bill demonstrates the government's commitment to upholding international standards and best practices in marine pollution management."
 
Some of the key elements of the bill presented by the department include establishing processes for risk assessments, national contingency planning, training and exercises, incident reporting and cross-border cooperation, empowering the South African Maritime Safety Authority (SAMSA) with preparedness and response functions, and creating a dedicated Marine Oil Pollution Preparedness and Response Fund.

The committee members raised several important questions during the briefing on the Marine Oil Pollution Preparedness and Response Bill. The department addressed inquiries about the bill's scope, covering both coastal and inland areas affected by spills, as well as the estimated implementation costs and impact on departmental resources. Regarding penalties, the department explained the zero-tolerance approach, including fines of up to R35 million for non-compliance, and provisions for dealing with repeat offenders under existing legislation.
 

 

SAMSA to host stakeholder engagements