- The Intervention Convention, that affirms the right of a coastal State to take measures on the high seas to prevent, mitigate, or eliminate danger to its coastline from a maritime casualty.
- The International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. This provides a global framework for international co-operation in combating major incidents or threats of marine pollution. A protocol to this convention (HNS Protocol) covers marine pollution by hazardous and noxious substances.
The MARPOL 73/78 Convention is the main international convention that affects mariners, because it covers pollution from operational or accidental causes. It includes specific regulations, which can be adopted by States, aimed at preventing and minimising pollution from ships. Presently there are six technical Annexes being:
- Annex I – Regulations for the Prevention of Pollution by Oil
- Annex II – Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk
- Annex III – Prevention of Pollution by Harmful Substances Carried by Sea in a Packaged Form
- Annex IV – Prevention of Pollution by Sewerage from Ships (not yet in force)
- Annex V – Prevention of Pollution by Garbage from Ships
- Annex VI – Prevention of Air Pollution from Ships (adopted September 1997 – not yet in force)
Commonwealth Legislation and Regulations
Australia has adopted a range of Federal and State legislation aimed at protecting the environment. At the Commonwealth level the following Acts cover marine pollution.
- Navigation Act 1912 (Australia Government)
- Protection of the Sea (Powers of Intervention) Act 1981(2) (AMSA)
- Protection of the Sea (Pollution Prevention) Act 1983 (AMSA)
A landmark decision of the High Court in the Seas and Submerged Lands Act case of 1975 (Gandy p 258) affirmed the complete sovereign power and rights of the Commonwealth Parliament over offshore areas of Australia, from the low water mark out to sea. The result was that the Commonwealth Parliament has the power to override all State legislation in this area – at the time this left many of the States’ powers in doubt. In response to those concerns, the Commonwealth, States and Territories prepared the Offshore Constitutional Settlement (OCS).
The OCS was enshrined in legislation in 1980 and effectively gives the States jurisdiction over the territorial sea, leaving the Commonwealth with jurisdiction over the high seas. One feature of the OCS was recognition by the States that a mechanism was required to enable Australia to become a party to key international maritime conventions without the need for the legislation in every Australian jurisdiction to be in compliance at the time of ratification. The concept of the ‘savings clause’ was introduced whereby Commonwealth law giving effect to the Conventions would apply in all jurisdictions, but would ‘step back’ if and when a State enacted the provisions itself (Gandy, 2003 p.60).
Marine Orders
The following marine orders give effect to the provisions of the MARPOL Convention for vessels under the Commonwealth’s jurisdiction (AMSA, 2004):
- Marine Orders Part 91 – Marine Pollution Prevention – Oil
- Marine Orders Part 92 – Powers of intervention – Noxious substances
- Marine Orders Part 93 – Marine Pollution Prevention – Noxious Liquid Substances
- Marine Orders Part 94 – Marine Pollution Prevention – Packaged Harmful Substances
- Marine Orders Part 95 – Marine Pollution Prevention – Garbage
Within its immediate area of operations, Ocean falls primarily under the NSW Pollution Legislation, which has adopted the entire MARPOL Convention as a schedule to the NSW Pollution Act 1987 (Gandy 2003 p.260)
CONSEQUENCES OF OPERATIONS
Operating a vessel within the close confines of a harbour and at sea can intentionally, or unintentionally, impact upon the environment. The consequences are varied, ranging from the visual pollution perceived by onlookers onshore who believe a vessel may not be harmonious with the area, to widespread damage resulting from a collision and the release of oils into the ocean. An important step in developing a management system is to determine the environmental aspects and impacts (Cascio et al, 1996) of operations.
A brief overview of the impact and specific aspects of Ocean Services’ operations is detailed in the table over the page. The following examples of operational consequences have been identified and a general order of relative significance has been applied.
Table 1: Environmental Aspects and Impacts.
PERFORMANCE STANDARDS
Overall Ocean Services meets all legal and licensing requirements. The vessel has successfully passed all material and documentary surveys in accordance with the Uniform Shipping Laws (USL) Code (NSW Maritime Authority). Since commencing operations in 1999 there have been two reported incidents onboard MV Star that have impacted or had the potential to have significant impact upon the environment.
- Accidental Discharge of Oil. In 2001, approximately 500 litres of oily water was discharged within two nautical miles of the coast. An investigation of the incident by onboard crew and NSW Maritime Officers identified the cause as a faulty seal in the discharge hose of the Oily Water Separator. Although the master and crew were found to be “Not At Fault” for the incident, the investigation team recommended that maintenance and purchasing arrangements should be reviewed to reduce any repetition of the event.
- Discharge Overboard of Plastics. In 2002 five plastics bags were inadvertently thrown overboard by a trainee. On discovery of the student’s action the bags were quickly recovered. The incident took place approximately 10 nms to sea and was in contravention of the Garbage Disposal Regulations (Navigation Act 1912 and Protection of the Sea {Prevention of pollution from ships} Act 1983) banning the disposal of any plastics. Investigation of the event found that Ocean Services had provided a briefing to all students prior to sailing, including garbage disposal requirements, but in this case the trainee, an international student with poor English skills, had misunderstood the requirements. Translations of the requirements are now on display and only the crew are allowed to dispose of any garbage.
Initial assessment of performance indicates that environmental management by Ocean Services is satisfactory, however it can be argued that the results are a reflection of the vessel’s relatively young age and management requirements to satisfy survey checklists. Further management attention will be required as the vessel ages and if the company undertakes any expansion.
ENVIRONMENTAL IMPACT PLANNING
Ocean Services can adopt a number of measures to minimise any adverse effects that operations inevitably have on the environment. A commitment to environmental impact planning can be demonstrated by adopting the following guidelines:
- Ensuring continuous high performance of all machinery on board via ongoing and proper maintenance
- Continuous investment in environmentally friendly technology
- Strict compliance to international and local regulations.
In Table 1 several key aspects of operations and the impact they have upon the environment were identified. The following discussion about impact of pollution upon water, is an example of the type of management plan that can be introduced and the advantages that can be achieved.
Pollution Impact Upon Water
Bilge Water Discharges: Ocean’s vessel MV Star is fitted with oil separation equipment capable of removing oil from bilge water. The equipment is effective and meets the MARPOL regulations of allowing oil concentration up to 15 Parts Per Million (ppm) of oil, allowing for water levels to be discharged within offshore operating areas. To ensure this equipment operates efficiently, ongoing and regular attention to maintenance plans must be introduced, reducing the chances of a reoccurrence of the spill reported earlier. A more proactive environmental approach may be to consider replacement of the separation pumps with equipment that can reduce the ppm below the legal standards. New machines are now available that can produce 5ppm (Wallenius Lines, 2002 p. 10). A further step could be to reduce discharges to zero through effective passage planning, providing increased opportunities to discharge bilge water using wharf facilities.
Sewerage: The sewerage plant on board the MV Star complies with the latest MARPOL requirements ensuring effluent does not impose a negative effect upon the environment. In the short term, the best ongoing action is to ensure all crew and trainees are reminded of the impacts if non-human waste is disposed of through the system, with a particular focus on the fact that foreign objects can render the unit unserviceable. In the longer-term when acquiring additional or replacement vessels, consideration should be given to fitting sewage holding tanks that can be pumped ashore.
Ballast Water: Although discharge of ballast water is not an immediate concern within current operations, Ocean Services needs to ensure all current concepts , such as recent AMSA trials (AMSA 2004) are communicated to all crewmembers and trainees, given they will potentially be employed in a wider range of marine employment.
Chemical Use. Personal cleaning, regular maintenance, and other ongoing operations onboard MV Star, utilise chemical solutions and products. Through careful use and observance of Material Data Sheets it is possible to minimise the opportunity to indirectly release these chemicals into the sea. A more proactive approach can ensure a zero release policy, and this can be achieved by installing and correctly maintaining a wastewater treatment plant, capable of producing treated wastewater that ideally exceeds the specifications of even the strictest international regulations. (Wallenius Lines, 2002 p.11) A simpler solution can be introduced immediately, without additional resource requirements, by adopting a policy of identifying and using “ environmentally friendly” chemicals on board. As part of this process, joining instructions for trainees should include guidance about the type of sanitary items (ie: soap, shampoo) that can be brought onboard, with an explanation of why.
Garbage Disposal. Ocean Services should aim to achieve zero garbage at sea disposal. This target may initially appear challenging but this target can be quickly and easily achieved. Such a policy can not only immediately reduce the vessel’s impact upon the sea, but can also reduce costs and weight (important for ship stability) as well as reducing the fire dangers that stored refuse can present. To achieve this, the following steps are recommended:
- Identify and purchase products that contain minimum packaging.
- Prior to embarking stores, break down all excess packaging for disposal at the wharf
- Review onboard garbage storage areas to ensure they are capable of holding sufficient waste for each cruise.
- Use only biodegradable garbage bags and as far as possible ban the use onboard of plastics
MONITORING THE PROGRAM.
Identifying the causes and implementing actions to reduce operational impact upon the environment are simple steps that can be documented and communicated without any great barriers. However without an effective program to audit, measure and ensure procedures are current “best practice”, the plan will not succeed. While it is acceptable that the company’s Director (Master of MV Star) can be responsible for ensuring ongoing commitment, given his own financial, registration and legal responsibilities, it is in fact Ocean’s ‘raison d'être’ of training that provides an ideal opportunity to introduce audit control and advocacy. Incorporating environmental audit procedures and management into all cruise training programs will provide a regular and ongoing process, and also help “spread the word”.
CONTINUAL IMPROVEMENT
To ensure continued compliance with legislative requirements and the company’s own vision, as well as looking for opportunities to improve operations, it is important that goals for continuous improvement are established. Potential goals include a commitment to:
- Regularly review environmental policy and practices in order to improve operational and environmental performance.
- Learn from best practice examples of environmental management.
- Integrate environmental awareness in employee communications and training (MGE UPS Systems 2004)
- Foster responsible environmental behaviour among all crew/trainees and encourage them to continuously improve.
- Continue to increase communication and awareness of the environmental efforts in accordance with the EMS (MGE UPS Systems 2004)
ADVANTAGES OF IMPLEMENTATION
A formal Environmental Management System, such as ISO 14001 will assist Ocean Services to establish a set of procedures that will aid in managing and controlling interaction with the environment. By adopting an environmental management system, Ocean Services can:
- Effect savings of everyday resources, leading to reduced operating costs in areas such as fuel expenses (managing operations), a better selection of supplies, and a reduction in the amount of packaging that has to be disposed of.
- Have a system in place that covers all aspects of day-to-day operations and activities, and review all existing activities in order to understand their impact on the environment. “Aim to remove negative impacts and strengthen positive impacts, leading to improved efficiency in operations and better integration in day-to-day activities” (Wallenius Lines, 2002 p. 10).
- Demonstrate an environmental ‘face' to crewmembers, trainees, and their employers, and help emphasize the need for greater environmental responsibility on the part of members of the maritime community.
- Improve crew and trainee commitment and morale, highlighting their contribution to sustainability.
- Promote acquisition of ISO Certification to other suppliers and customers.
- Provide significant advantages when tendering for training programs with shipping organisations that are increasingly adopting EMS.
SUMMARY
ISO 14001 is the international standard representing ‘best practice’ in environmental management. . To date Ocean Services have maintened a level of compliance with the relevant pollution legislations and vessel survey requirements. Although the most obvious advantage of adopting an EMS is a possible competive advantage when tendering, along with a potential reduction in the chances of future breaches of pollution acts, there are even greater advantages. A well developed policy, that provides for continuous review and improvement can assist the company by providing a “focus” for activities that can assist in creating growth through new opportunities and reduced overheads.
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Fictitious Events based on Authors experiences based on observed events.